Filed Date: Nov. 20, 1985
Closed Date: Oct. 17, 1989
Clearinghouse coding complete
In the early 1980s, pretrial detainees held on felony charges at the DuPage Illinois County Jail filed a pro se action that was eventually amended by private counsel to contain six counts against the jail for unlawful strip searches and inadequate health care, including the chaining of one inmate to his infirmary bed as he healed from a gunshot wound to the head. The plaintiffs filed their case in the United States District Court for the Northern District of Illinois against the County, the jail superintendent, the sheriff, and the chief deputy. The strip search count (Count I) was filed as a putative class action.
On October 11, 1985, the district court (Judge Leighton) dismissed the complaint in its entirety, with leave to amend. Plaintiffs filed an amended complaint seeking damages only.
On February 5, 1988, the Court (Judge Moran) denied the plaintiffs' motion to certify the Count I class. On October 17, 1989, the Court (Judge Moran) held that the complained of routine cavity searches conducted on detainees departing the jail to go to court were an excessive response amounting to punishment; that searches upon return were not unreasonable, and that infirmary shackling was likewise effectively punishment. He awarded damages in the amount of $50 per search, $200 per day of shackling, $41,000 to one plaintiff, $600 to another and $16,000 to the last.
We have no further information about this case.
Summary Authors
Denise Heberle (3/22/2012)
Leighton, George Neves (Illinois)
Moran, James Byron (Illinois)
Last updated March 23, 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: Nov. 20, 1985
Closing Date: Oct. 17, 1989
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Former inmates of DuPage County jail who brought charges seeking damages for being subjected to strip searches.
Public Interest Lawyer: Unknown
Filed Pro Se: Yes
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
DuPage County Jail (DuPage), County
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:
Order Duration: 1989 - None
Issues
Affected Sex/Gender(s):
Jails, Prisons, Detention Centers, and Other Institutions:
Strip search policy (facilities)
Medical/Mental Health Care: