Filed Date: Jan. 18, 1983
Closed Date: March 19, 1986
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In 1983, the plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the City of Chicago in the United States District Court for the Northern District of Illinois. Represented by private counsel, the plaintiff sought compensatory damages and alleged her constitutional rights were violated when she was strip-searched.
According to the Seventh Circuit Court of Appeals, 771 F.2d 1020 (7th Cir. 1985), the plaintiff was arrested for a traffic violation on January 28, 1978. Five female police employees ("the matrons") strip-searched her according to a City of Chicago policy. She was forced to expose her vaginal and anal areas and the matrons threatened her when she initially refused to comply, used vulgar language, and laughed at her. Additionally, the plaintiff alleged that she suffered resulting psychic trauma and emotional distress.
The defendant conceded liability because the strip-search policy had been found unconstitutional in Mary Beth G. v. City of Chicago, 723 F.2d 1263 (7th Cir. 1983). The jury awarded the plaintiff $112,000 in compensatory damages. The Court (Judge Susan Getzendanner) denied the defendant's motion for judgment notwithstanding the verdict or remittitur. Th defendant then appealed.
On August 26, 1985, the Seventh Circuit Court of Appeals (Judges Luther M. Swygert, Jesse E. Eschbach, and Richard Posner) found that the court did not commit reversible error by allowing Plaintiff's closing argument. The court found that $112,000 in damages was excessive and directed a remittitur reducing the award to $75,000. Each party was directed to bear its own costs. 771 F.2d 1020 (7th Cir. 1985).
On March 19, 1986, the District Court (Judge Getzendanner) awarded the plaintiff $49,860.52 in attorney fees and costs. The District Court found that she remained a substantial victor after appeal, justifying award of her attorney's fees. Joan W. v. City of Chicago, No. 83-327, 1986 U.S. Dist. LEXIS 27954 (N.D. Ill. March 19, 1986).
Summary Authors
Shira Gordon (3/17/2012)
Eschbach, Jesse Ernest (Indiana)
Getzendanner, Susan Christine O'Meara (Illinois)
Posner, Richard Allen (Illinois)
Carey, R. Peter (Illinois)
Mitchell, Lynn K. (Illinois)
Last updated May 1, 2024, 3 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Jan. 18, 1983
Closing Date: March 19, 1986
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A female physician who was arrested for a traffic violation and then brought to jail and strip searched.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
City of Chicago (Chicago), City
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
Affected Sex/Gender(s):
Policing: