Case: Hoffman v. City of Chicago

1:82-cv-04984 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 6, 1982

Closed Date: Jan. 20, 1984

Clearinghouse coding complete

Case Summary

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 …

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)

Related Cases

Tikalski v. City of Chicago, Northern District of Illinois (1978)

Jane Does v. City of Chicago, Northern District of Illinois (1979)

People


Judge(s)

Bauer, William Joseph (Illinois)

Neaher, Edward Raymond (New York)

Wood, Harlington Jr. (Illinois)

Attorneys(s) for Plaintiff

Clayton, Fay (Illinois)

Stein, Edward T. (Illinois)

Taylor, G. Flint (Illinois)

Attorneys(s) for Defendant

Montgomery, James D. (Illinois)

Rochford, Mary K. (Illinois)

Siegan, Jerome A (Illinois)

Judge(s)

Bauer, William Joseph (Illinois)

Neaher, Edward Raymond (New York)

Wood, Harlington Jr. (Illinois)

Attorneys(s) for Plaintiff

Clayton, Fay (Illinois)

Stein, Edward T. (Illinois)

Taylor, G. Flint (Illinois)

Attorneys(s) for Defendant

Montgomery, James D. (Illinois)

Rochford, Mary K. (Illinois)

Siegan, Jerome A (Illinois)

Documents in the Clearinghouse

Document

1:82-cv-04984

Opinion [USCA]

Mary Beth G., Tikalsky, & Hoffman v. City of Chicago

U. S. Court of Appeals for the Seventh Circuit

723 F.2d 1263

Nov. 29, 1983

Nov. 29, 1983

Order/Opinion

83-02203

Opinion [USCA]

U. S. Court of Appeals for the Seventh Circuit

1984 U.S.App.LEXIS 26239

Jan. 20, 1984

Jan. 20, 1984

Order/Opinion

Resources

Docket

Last updated Aug. 9, 2022, 3:17 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

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

City of Chicago, City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Order Duration: 1983 - None

Issues

General:

Strip search policy

Affected Gender:

Female

Type of Facility:

Government-run