Filed Date: Sept. 13, 1984
Closed Date: Nov. 6, 1986
Clearinghouse coding complete
Plaintiffs filed this 42 U.S.C. § 1983 action against the City of Rochester in the United States District Court for the Western District of New York, Rochester Division. The plaintiffs, represented by private counsel, asked for damages for the violation of their Fourth Amendment rights. Specifically, they alleged that the blanket strip-search policy of the Monroe County Jail was unconstitutional.
On June 18, 1983, plaintiffs attended their daughter's wedding and hosted a party at their house afterwards. At approximately 3 A.M., the plaintiffs' son left the house with a friend to buy cigarettes. The two were assualted by a man with a baseball bet. Thye were not injured, but the car was badly damaged. They returned to the house, and Plaintiffs called the police. When help did not arrive, they called again, this time, claiming there had been a shooting, as they were informed by the dispatcher that only a shooting would resuly in an emergency response. The plaintiffs were arrested for filing a false report and resisting arrest, and taken to Monroe County Jail. Once there, because the holding cells were overfilled, one plaintiff was brought into the area for pretrial detainees. Once there, she was strip and cavity searched. The plaintiffs were acquitted of all charges.
On March 11, 1986, the Court (Judge Michael A. Telesca) granted summary judgment in favor of the county and defendants, finding that the blanket strip search policy satisfied reasonable suspicion. (630 F.Supp. 255) Plaintiffs appealed.
On November 6, 1986 the Court of Appeals for the Second Circuit (Judge Mahoney, Judge Meskill, Judge Oakes) issued an opinion written by Judge Mahoney (804 F.2d 796). The Court found that the blanket search policy did not satisfy reasonable suspicion, and that the Sheriff and County were not entitled to qualified immunity. The Court of Appeals reversed the District Court and ordered judgment for the Plaintiffs on the question of the Sheriff and County's liability.
We have no further information on the case.
Summary Authors
Blase Kearney (5/9/2012)
Digaetano, Michele (New York)
Kash, Louis N. (New York)
Kermisch, Nira T. (New York)
Eggers, William D. (New York)
Emery, Richard D. (New York)
Last updated March 29, 2024, 3:07 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Sept. 13, 1984
Closing Date: Nov. 6, 1986
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A female arrested for filing a false police report. Once at the Monroe County jail, she alleges she was strip-searched without reasonable suspicion of contraband.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
City of Rochester Police Department (Rochester), City
City of Rochester (Rochester), City
County of Monroe (Monroe), County
Facility Type(s):
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: 1986 - None
Issues
General/Misc.:
Affected Sex/Gender(s):
Jails, Prisons, Detention Centers, and Other Institutions: