Filed Date: Nov. 12, 1980
Closed Date: 1982
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On November 12, 1980, two arrestees filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Eastern District of Virginia in order to challenge the strip search policy of the Arlington County Sheriff's Office. The two named plaintiffs had been arrested for petty crimes, one for playing a stereo too loudly, the other for allegedly writing obscene words on a traffic ticket. Following their arrests, each was strip-searched pursuant to the Sheriff's Office policy of conducting strip searches of all detainees brought to the Arlington County Detention Center, regardless of the severity of the alleged offense or the anticipated duration of detention. Plaintiffs alleged that the searches violated their constitutional rights and requested compensatory and injunctive relief, as well as class certification.
On December 31, 1980, the Sheriff's Office announced that it was temporarily stopping its blanket strip search policy. Subsequently, in April 1981, the Virginia General Assembly passed a law which severely restricted the circumstances under which strip searches would be permitted.
Plaintiffs then moved to voluntarily dismiss their case, citing that their objective, of ending the unconstitutional strip-search practice, had been achieved. They moved for and were awarded attorneys' fees in the amount of $ 16,368.07 by District Judge Albert V. Bryan, Jr. The Arlington County Sheriff appealed the District Court's award of attorneys' fees, but the Fourth Circuit Court of Appeals affirmed the award. DeMier v. Gondles, 676 F.2d 92 (4th Cir. 1982).
Summary Authors
Dan Dalton (2/12/2008)
Butzner, John Decker Jr. (Virginia)
Ingraham, Joe McDonald (Texas)
Winter, Harrison Lee (Maryland)
Rubenstein, Leonard S. (Virginia)
Hilton, Claude M. (Virginia)
Butzner, John Decker Jr. (Virginia)
Ingraham, Joe McDonald (Texas)
Winter, Harrison Lee (Maryland)
Last updated Jan. 25, 2024, 3:19 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Virginia
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Nov. 12, 1980
Closing Date: 1982
Case Ongoing: No
Plaintiffs
Plaintiff Description:
All detainees brought to the Arlington County Detention Center who were strip-searched without reasonable cause until Virginia enacted a law that dramatically curtailed conditions where strip-searches are permitted.
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
Arlington County Sheriff's Office (Arlington), County
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Source of Relief:
Order Duration: 1982 - 0
Issues
General:
Affected Sex or Gender:
Type of Facility: