Filed Date: Aug. 6, 1982
Closed Date: Jan. 20, 1984
Clearinghouse coding complete
This is one of a number of cases challenging the City of Chicago's blanket policy to strip search all female arrestees regardless of the charges or the likelihood that they are concealing contraband.
On March 1, 1979, three women who had been subjected to strip and cavity searches in accordance with the policy filed a class action lawsuit against the City. That case is in this Chearinghouse as Jane Does v. City of Chicago. It resulted in a settlement in which the City of Chicago was permanently enjoined from instituting strip searches or body cavity searches on women and not on similarly situated men and from performing strip searches of any person charged with a traffic, regulatory, or misdemeanor offense unless police reasonably believed that the arrestee was concealing weapons or contraband.
Three women were selected by the parties as typical cases to separate out for trial on the issue of damages. This is one of those cases. Jury trials were held and the women were awarded damages in the amounts of $25,000 and $60,000. Another of these bellwether cases, Tikalski v. City of Chicago, is also in the Clearinghouse.
The City appealed, and a panel of the United States Court of Appeals for the Seventh Circuit consisting of Circuit Judges William J. Bauer and Harlington Wood, Jr., and District Judge Edward R. Neaher, upheld the awards and the finding that the policy was unconstitutional. 723 F.2d 1263.After losing on appeal, the City petitioned the original panel for rehearing on the grounds that some of the jury awards were excessive. This request was declined. 1984 U.S. App. LEXIS 26239.
This case is now closed.
Summary Authors
Denise Heberle (3/2/2012)
Jonah Hudson-Erdman (9/29/2021)
Tikalski v. City of Chicago, Northern District of Illinois (1978)
Jane Does v. City of Chicago, Northern District of Illinois (1979)
Bauer, William Joseph (Illinois)
Neaher, Edward Raymond (New York)
Clayton, Fay (Illinois)
Montgomery, James D. (Illinois)
Rochford, Mary K. (Illinois)
Last updated March 20, 2024, 3:11 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Aug. 6, 1982
Closing Date: Jan. 20, 1984
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Four women who were arrested for misdemeanor offenses and then strip searched by matrons while awaiting bail money.
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Substantive Due Process
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Order Duration: 1983 - None
Issues
Affected Sex/Gender(s):
Policing: