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Case Name Tikalski v. City of Chicago JC-IL-0012
Docket / Court 78 C 3260 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
Three women who had been subjected to strip and cavity searches in accordance with a blanket policy to strip search all female arrestees regardless of the charges or the likelihood that they are concealing contraband were part of a class action to challenge the constitutionality of the policy, ... read more >
Three women who had been subjected to strip and cavity searches in accordance with a blanket policy to strip search all female arrestees regardless of the charges or the likelihood that they are concealing contraband were part of a class action to challenge the constitutionality of the policy, filed on March 1, 1979. Jane Does v. City of Chicago, No. 79 C 789 (N.D. Ill. Jan. 12, 1982). That case 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.

The three women were selected by the parties as typical cases to separate out for trial on the issue of damages, including the plaintiff in this case. Jury trials were held and the women were awarded damages in the amounts of $25,000 and $60,000. Another one of these cases, Hoffman v. City of Chicago is also in the Clearinghouse.

In this case, after the plaintiff prevailed at trial, the district court granted the City a new trial on the grounds that one of the jury instructions was improper. The plaintiff appealed to the United States Court of Appeals for the Seventh Circuit, which reversed the district court and reinstated the plaintiff's victory on August 2, 1982. 687 F.2d 175.

Later, the City appealed several plaintiffs' victories against it, but panel of 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 findings that the policy was unconstitutional on November 29, 1983. 723 F.2d 1263. The consolidated cases are also in the Clearinghouse as Jane Does v. City of Chicago. 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.

Denise Heberle - 03/20/2012
Jonah Hudson-Erdman - 08/25/2021


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Equal Protection
Unreasonable search and seizure
General
Strip search policy
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) City of Chicago
Plaintiff Description Four women who were arrested for misdemeanor offenses and were strip searched by matrons while awaiting arrival of bond money.
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Unknown
Nature of Relief Damages
Source of Relief Litigation
Order Duration 1983 - n/a
Filed 08/16/1978
Case Closing Year 1984
Case Ongoing No
Case Listing JC-IL-0011 : Jane Does v. City of Chicago (N.D. Ill.)
JC-IL-0018 : Hoffman v. City of Chicago (N.D. Ill.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Jail Strip-Search Cases: Patterns and Participants
http://law.duke.edu/journals/lcp
Date: Spring 2008
By: Margo Schlanger (Washington University in St. Louis Faculty)
Citation: 71 Law & Contemp. Problems 65 (2008)
[ Detail ] [ External Link ]

Court Docket(s)
No docket sheet currently in the collection
General Documents
U.S. Court of Appeals
08/02/1982
Opinion [USCA] (687 F.2d 175)
JC-IL-0012-0001.pdf | WESTLAW| LEXIS | Detail
Source: Google Scholar
U.S. Court of Appeals
11/29/1983
Opinion [USCA] (723 F.2d 1263)
JC-IL-0012-0003.pdf | WESTLAW| LEXIS | Detail
Source: Google Scholar
N.D. Ill.
03/06/1984
Opinion (585 F.Supp. 813)
JC-IL-0012-0002.pdf | WESTLAW| LEXIS | Detail
Source: Google Scholar
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Judges Aspen, Marvin E. (N.D. Ill.) show/hide docs
JC-IL-0012-0002
Bauer, William Joseph (N.D. Ill., Seventh Circuit) show/hide docs
JC-IL-0012-0003
Cudahy, Richard Dickson (Seventh Circuit) show/hide docs
JC-IL-0012-0001
Cummings, Walter Joseph (Seventh Circuit) show/hide docs
JC-IL-0012-0001
Gibson, Floyd Robert (W.D. Mo., Eighth Circuit) show/hide docs
JC-IL-0012-0001
Neaher, Edward Raymond (E.D.N.Y.) show/hide docs
JC-IL-0012-0003
Wood, Diane Pamela (Seventh Circuit) show/hide docs
JC-IL-0012-0003
Plaintiff's Lawyers Clayton, Fay (Illinois) show/hide docs
JC-IL-0012-0003
Luecke, Mary Rita (Illinois) show/hide docs
JC-IL-0012-0001
Stein, Edward T. (Illinois) show/hide docs
JC-IL-0012-0002 | JC-IL-0012-0003
Taylor, G. Flint (Illinois) show/hide docs
JC-IL-0012-0003
Defendant's Lawyers Montgomery, James D. (Illinois) show/hide docs
JC-IL-0012-0003
Rochford, Mary K. (Illinois) show/hide docs
JC-IL-0012-0003
Siegan, Jerome A (Illinois) show/hide docs
JC-IL-0012-0001 | JC-IL-0012-0003

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