Filed Date: 1984
Closed Date: 1987
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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)
Birdsall, Ben (Arizona)
Hathaway, James D. (Arizona)
Behrens, Tony K. (Arizona)
Clark, Tom R. (Arizona)
Hobson, K. Alexander (Arizona)
Last updated Aug. 30, 2023, 3 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Arizona
Case Type(s):
Special Collection(s):
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
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
Affected Sex/Gender(s):
Jails, Prisons, Detention Centers, and Other Institutions: