Case: Tikalski v. City of Chicago

1:78-03260 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 16, 1978

Closed Date: March 6, 1984

Clearinghouse coding complete

Case Summary

This is one of a number of cases challenging the City of Chicago's blanket policy to strip search all female arrestees regardless of the charges or the likelihood that they are concealing contraband.On March 1, 1979, three women who had been subjected to strip and cavity searches in accordance with the policy filed a class action lawsuit against the City. That case is in this Chearinghouse as Jane Does v. City of Chicago. It resulted in a settlement in which the City of Chicago was permanently …

This is one of a number of cases challenging the City of Chicago's blanket policy to strip search all female arrestees regardless of the charges or the likelihood that they are concealing contraband.

On March 1, 1979, three women who had been subjected to strip and cavity searches in accordance with the policy filed a class action lawsuit against the City. That case is in this Chearinghouse as Jane Does v. City of Chicago. It resulted in a settlement in which the City of Chicago was permanently enjoined from instituting strip searches or body cavity searches on women and not on similarly situated men and from performing strip searches of any person charged with a traffic, regulatory, or misdemeanor offense unless police reasonably believed that the arrestee was concealing weapons or contraband.

The three women were selected by the parties as typical cases to separate out for trial on the issue of damages, including the plaintiff in this case. This is one of those cases. Jury trials were held and the women were awarded damages in the amounts of $25,000 and $60,000. Another one of these bellwether cases, Hoffman v. City of Chicago is also in the Clearinghouse.

In this case, after the plaintiff prevailed at trial, the district court granted the City a new trial on the grounds that one of the jury instructions was improper. The plaintiff appealed to the United States Court of Appeals for the Seventh Circuit, which reversed the district court and reinstated the plaintiff's victory on August 2, 1982. 687 F.2d 175.

Later, the City appealed several plaintiffs' victories against it, but panel of the Seventh Circuit consisting of Circuit Judges William J. Bauer and Harlington Wood, Jr., and District Judge Edward R. Neaher upheld the awards and the findings that the policy was unconstitutional on November 29, 1983. 723 F.2d 1263. The consolidated cases are also in the Clearinghouse as Jane Does v. City of Chicago. After losing on appeal, the City petitioned the original panel for rehearing on the grounds that some of the jury awards were excessive. This request was declined. 1984 U.S. App. LEXIS 26239.

This case is now closed.

Summary Authors

Denise Heberle (3/20/2012)

Jonah Hudson-Erdman (8/29/2021)

Related Cases

Jane Does v. City of Chicago, Northern District of Illinois (1979)

Hoffman v. City of Chicago, Northern District of Illinois (1982)

People


Judge(s)

Aspen, Marvin E. (Illinois)

Bauer, William Joseph (Illinois)

Cudahy, Richard Dickson (Illinois)

Cummings, Jeffrey Irvine (Illinois)

Gibson, Floyd Robert (Missouri)

Neaher, Edward Raymond (New York)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Clayton, Fay (Illinois)

Luecke, Mary Rita (Illinois)

Stein, Edward T. (Illinois)

Judge(s)

Aspen, Marvin E. (Illinois)

Bauer, William Joseph (Illinois)

Cudahy, Richard Dickson (Illinois)

Cummings, Jeffrey Irvine (Illinois)

Gibson, Floyd Robert (Missouri)

Neaher, Edward Raymond (New York)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Clayton, Fay (Illinois)

Luecke, Mary Rita (Illinois)

Stein, Edward T. (Illinois)

Attorneys(s) for Defendant

Montgomery, James D. (Illinois)

Rochford, Mary K. (Illinois)

Siegan, Jerome A (Illinois)

Taylor, G. Flint (Illinois)

Documents in the Clearinghouse

Document

81-02822

Opinion [USCA]

Tikalsky v. City of Chicago

U. S. Court of Appeals for the Seventh Circuit

687 F.2d 175

Aug. 2, 1982

Aug. 2, 1982

Order/Opinion

82-01894

82-01920

82-02605

83-01618

83-02203

Opinion [USCA]

Mary Beth G., Tikalsky, Hoffman v. City of Chicago

U. S. Court of Appeals for the Seventh Circuit

723 F.2d 1263

Nov. 29, 1983

Nov. 29, 1983

Order/Opinion

1:78-03260

Opinion

Tikalsky v. City of Chicago

585 F.Supp. 813

March 6, 1984

March 6, 1984

Order/Opinion

Resources

Docket

Last updated Aug. 13, 2022, 3:11 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Aug. 16, 1978

Closing Date: March 6, 1984

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four women who were arrested for misdemeanor offenses and were strip searched by matrons while awaiting arrival of bond money.

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Chicago, City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Unreasonable search and seizure

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Order Duration: 1983 - 1984

Issues

General:

Strip search policy

Affected Gender:

Female

Type of Facility:

Government-run