Case: Noon v. Sailor

4:99-cv-00056 | U.S. District Court for the Southern District of Indiana

Filed Date: April 7, 1999

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On April 7, 1999, Valerie L. Noon and 102 other named plaintiffs filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Southern District of Indiana, challenging the constitutionality of the Harrison County Sheriff's blanket policy of strip searching every pre-trial detainee that entered the Harrison County Jail, regardless of the offense charged and regardless of whether there was any reasonable cause to believe the detainee was carrying weapons or contraband. Plaint…

On April 7, 1999, Valerie L. Noon and 102 other named plaintiffs filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Southern District of Indiana, challenging the constitutionality of the Harrison County Sheriff's blanket policy of strip searching every pre-trial detainee that entered the Harrison County Jail, regardless of the offense charged and regardless of whether there was any reasonable cause to believe the detainee was carrying weapons or contraband. Plaintiffs claimed that the policy was unconstitutional and sought damages and class certification. Plaintiffs proposed that the class be defined as follows:

All persons arrested for offenses not greater than a misdemeanor, with the exclusion of offenses involving misdemeanor possession of controlled substances, and with the inclusion of the offense of Operating While Intoxicated, as a class D Felony, between April 7th, 1997 to April 7th, 1999 and that were required by the Harrison County Jail to remove their clothing for visual inspection of all or part of their exposed bodies, unless [there] existed reasonable cause to believe they were carrying concealed weapons or contraband.

The District Court (Judge David Frank Hamilton) denied class certification, noting that, while the case would operate as a class action in some ways due to the large number of plaintiffs, the proposed class was unmanageable. Noon v. Sailor, 2000 WL 684274 (S.D.Ind. Mar 14, 2000), reconsideration denied by Noon v. Sailor, 2000 WL 684219 (S.D.Ind. Apr 17, 2000).

A settlement conference was held on June 9, 2000 before Magistrate Judge Godrich. While it is not clear from the docket whether the case settled on the day of the conference, we do know that a settlement was eventually reached. The District Court (Judge Hamilton) approved an agreed order relating to the settlement on August 16, 2000. The settlement papers were not available and the terms are therefore unknown.

Summary Authors

Dan Dalton (2/17/2008)

People


Judge(s)

Godich, John Paul (Indiana)

Hamilton, David Frank (Indiana)

Attorneys(s) for Plaintiff

Betteau, Bart M. (Indiana)

Brightwell, Bruce A (Kentucky)

Attorneys(s) for Defendant

Liptak, Edward J. (Indiana)

Prewitt, Tracy S. (Kentucky)

Whalin, Dave (Kentucky)

Judge(s)

Godich, John Paul (Indiana)

Hamilton, David Frank (Indiana)

Attorneys(s) for Plaintiff

Betteau, Bart M. (Indiana)

Brightwell, Bruce A (Kentucky)

Attorneys(s) for Defendant

Liptak, Edward J. (Indiana)

Prewitt, Tracy S. (Kentucky)

Whalin, Dave (Kentucky)

Documents in the Clearinghouse

Document

Docket

June 8, 2005 Docket
68

Entry on Plaintiffs' Motion for Class Certification

2000 WL 684274, 2000 U.S.Dist.LEXIS 741

March 14, 2000 Order/Opinion
75

Entry on Plaintiffs' Motion to Reconsider Denial of Class Certification

2000 WL 684219, 2000 U.S.Dist.LEXIS 750

April 17, 2000 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Indiana

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: April 7, 1999

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Valerie L. Noon and 102 named plaintiffs who were strip searched when they were detained in the Harrison County Jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Sheriff's Department of Harrison County (Harrison), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Search policies

Strip search policy

Affected Gender:

Female

Male

Type of Facility:

Government-run