Case: Weber v. Dell

1:84-cv-01041 | U.S. District Court for the Western District of New York

Filed Date: Sept. 13, 1984

Closed Date: Nov. 6, 1986

Clearinghouse coding complete

Case Summary

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 af…

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)

People


Judge(s)

Mahoney, John Daniel (New York)

Meskill, Thomas Joseph (Connecticut)

Oakes, James Lowell (Vermont)

Telesca, Michael Anthony (New York)

Attorneys(s) for Plaintiff

Schwarz, Stephen G. (New York)

Attorneys(s) for Defendant

Digaetano, Michele (New York)

Kash, Louis N. (New York)

Kermisch, Nira T. (New York)

Miller, Charles H. III (New York)

Valenza, Charles R. (New York)

Judge(s)

Mahoney, John Daniel (New York)

Meskill, Thomas Joseph (Connecticut)

Oakes, James Lowell (Vermont)

Telesca, Michael Anthony (New York)

Attorneys(s) for Plaintiff

Schwarz, Stephen G. (New York)

Attorneys(s) for Defendant

Digaetano, Michele (New York)

Kash, Louis N. (New York)

Kermisch, Nira T. (New York)

Miller, Charles H. III (New York)

Valenza, Charles R. (New York)

Other Attorney(s)

Eggers, William D. (New York)

Emery, Richard D. (New York)

Khanwalker, Arundhati (New York)

Norris, Michael D. (New York)

Documents in the Clearinghouse

Document

Decision and Order

630 F.Supp. 255

March 11, 1986 Order/Opinion

Opinion

U. S. Court of Appeals for the Second Circuit

804 F.2d 796

Nov. 6, 1986 Order/Opinion

[Cert. Denied]

County of Monroe v. Weber

Supreme Court of the United States

483 U.S. 1020, 107 S.Ct. 3263, 97 L.Ed.2d 762

June 26, 1987 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

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):

Private Plaintiff

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

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Unknown

Order Duration: 1986 - None

Issues

General:

Over/Unlawful Detention

Personal injury

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run