Filed Date: Oct. 20, 1982
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This case was filed against the County of San Diego and its Sheriff by a woman who was strip searched at a county detention facility after her 1981 arrest on a misdemeanor offense. Plaintiff filed the case in the United States District Court for the Southern District of California, claiming the search, (including a visual body cavity search) conducted prior to a determination whether she could be released on her own recognizance violated her fourth amendment rights.
In February 1983, the District Court (Judge Gordon Thompson, Jr.) granted plaintiff's motion for a preliminary injunction and enjoined the sheriff from conducting strip searches. The U.S. Court of Appeals for the Ninth Circuit (Judge Tang) vacated the injunction in March 1984 for lack of standing, and remanded the case for further proceedings. Ward v. San Diego County, 732 F.2d 165 (9th Cir. 1984).
On remand, the District Court (Judge Thompson) granted the sheriff's motion for summary judgment, finding that at the time of the search the law was not clearly established and so the sheriff enjoyed qualified immunity.
Plaintiff requested reconsideration, the District Court denied the request and the plaintiff appealed. Defendants claimed the Ninth Circuit lacked jurisdiction, because plaintiff's appeal was not from a final judgment, but rather a denial of a request for reconsideration. The appellate court disagreed, and treated the appeal as a timely appeal of the District Court's entry of judgment. The Court held that the law was clear enough that the sheriff could not claim qualified immunity, and that if the policy was found to be unreasonable, liability attached.
On June 16, 1986, the Circuit Court amended its earlier decision to address the jurisdictional issue and remanded for a determination whether the sheriff's blanket strip-search policy was reasonable. Ward v. San Diego County, 791 F.2d (9th Cir. 1986).
We have no further information about this case.
Summary Authors
Denise Heberle (3/28/2012)
Goodwin, Alfred Theodore (California)
Jameson, Elizabeth J. (California)
Tang, Thomas (Arizona)
Okrand, Fred (California)
Kossy, Phillip L. (California)
Last updated March 27, 2024, 3:07 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: California
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Oct. 20, 1982
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
Individual (female) arrested in 1981 for misdemeanor and then subjected to strip search and body cavity search at Los Colinas Womans Detention Facility.
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
County of San Diego (San Diego, San Diego), County
Los Colinas Womans Detention Facility. (San Diego), County
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Unknown
Nature of Relief:
Source of Relief:
Content of Injunction:
Issues
Affected Sex/Gender(s):
Jails, Prisons, Detention Centers, and Other Institutions: