Case: Creamer v. Raffety

2 CA-CIV 4981 | Arizona state trial court

Filed Date: 1984

Closed Date: 1987

Clearinghouse coding complete

Case Summary

In 1984, a person arrested and imprisoned for DWI filed a lawsuit under 42 U.S.C. §1983 in Arizona state court alleging claims of false arrest, false imprisonment, malicious prosecution and invasion of privacy resulting from being strip searched. Plaintiff claimed that the City of Wilcox's blanket policy requiring that all prisoners be subjected to a search and body cavity search regardless what offense they were charged with was unreasonable.The Superior Court entered summary judgment in favo…

In 1984, a person arrested and imprisoned for DWI filed a lawsuit under 42 U.S.C. §1983 in Arizona state court alleging claims of false arrest, false imprisonment, malicious prosecution and invasion of privacy resulting from being strip searched. Plaintiff claimed that the City of Wilcox's blanket policy requiring that all prisoners be subjected to a search and body cavity search regardless what offense they were charged with was unreasonable.

The Superior Court entered summary judgment in favor of defendants on Plaintiff's malicious prosecution claim and entered a directed verdict on the other counts.

Plaintiff appealed to the Arizona Supreme Court. The Court affirmed the lower court's grant of summary judgment on the malicious prosecution and false arrest claims, but reversed the decision on the due process (right to bail) and "cruel and unusual punishment" claims, and held that the blanket strip search policy was an unreasonably burdensome invasion of the arrestee's right to privacy.

Summary Authors

Shadi Peterman (6/23/2007)

People


Judge(s)

Birdsall, Ben (Arizona)

Hathaway, James D. (Arizona)

Howard, Joseph (Arizona)

Attorneys(s) for Plaintiff

Behrens, Tony K. (Arizona)

Rudovsky, David (Pennsylvania)

Attorneys(s) for Defendant

Clark, Tom R. (Arizona)

Hobson, K. Alexander (Arizona)

Judge(s)

Birdsall, Ben (Arizona)

Hathaway, James D. (Arizona)

Howard, Joseph (Arizona)

Attorneys(s) for Plaintiff

Behrens, Tony K. (Arizona)

Rudovsky, David (Pennsylvania)

Attorneys(s) for Defendant

Clark, Tom R. (Arizona)

Hobson, K. Alexander (Arizona)

Documents in the Clearinghouse

Document

2 CA-CIV 4981

Decision of Arizona Court of Appeals

Arizona state appellate court

699 P.2d 908

March 26, 1985

March 26, 1985

Order/Opinion

87-00109

Petition for Writ of Certiorari

Supreme Court of the United States

1987 WL 955062

July 18, 1987

July 18, 1987

Pleading / Motion / Brief

87-00109

Denial of Petition for Writ of Certiorari

Supreme Court of the United States

484 U.S. 850

Oct. 5, 1987

Oct. 5, 1987

Order/Opinion

Resources

Docket

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

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Arizona

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: 1984

Closing Date: 1987

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Male individual was strip searched by City of Wilcox police prior to being placed in holding cell.

Attorney Organizations:

Kairys, Rudovsky, Messing & Feinberg, LLP

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Willcox, AZ (Cochise), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Strip search policy

Affected Gender:

Male

Type of Facility:

Government-run