Filed Date: Aug. 16, 1978
Closed Date: March 6, 1984
Clearinghouse coding complete
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)
Jane Does v. City of Chicago, Northern District of Illinois (1979)
Hoffman v. City of Chicago, Northern District of Illinois (1982)
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)
Clayton, Fay (Illinois)
Luecke, Mary Rita (Illinois)
Stein, Edward T. (Illinois)
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)
Clayton, Fay (Illinois)
Luecke, Mary Rita (Illinois)
Stein, Edward T. (Illinois)
Montgomery, James D. (Illinois)
Rochford, Mary K. (Illinois)
Siegan, Jerome A (Illinois)
Taylor, G. Flint (Illinois)
Last updated May 11, 2023, 3:01 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
Special Collection(s):
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
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Order Duration: 1983 - 1984
Issues
General:
Affected Sex or Gender:
Type of Facility: