University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Levinson-Roth v. Parries JC-MD-0014
Docket / Court 2:91-cv-03668-WEB ( D. Md. )
State/Territory Maryland
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
Plaintiff, a child-support obligor who was arrested at her place of employment, patted down twice on the scene and again at the police station then strip searched and patted down twice more, brought this case against the state and county officials of Montgomery County, Maryland. She and her husband ... read more >
Plaintiff, a child-support obligor who was arrested at her place of employment, patted down twice on the scene and again at the police station then strip searched and patted down twice more, brought this case against the state and county officials of Montgomery County, Maryland. She and her husband filed their complaint in 1990 in the United States District Court for the District of Maryland, seeking declaratory, injunctive and monetary relief.

On January 5, 1995, the Court (Judge Legg) ruled on motions for summary judgment and motions to dismiss. The Court held, among other things, that because the plaintiff was arrested for a civil violation and not a crime, there was no justification for any search but the first pat-down. However, the court ruled that the plaintiffs lacked standing to seek injunctive or declaratory relief, that the Eleventh Amendment precluded monetary relief from the State or County Defendants, and that because the Sheriff did not participate in the searches there was no supervisory liability. The sole state defendant remaining was the deputy who conducted the searches. He remained liable in his individual capacity. The county, however, remained partially liable and the case was remanded.

We have no further information about this case.

Denise Heberle - 04/17/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
General
Strip search policy
Type of Facility
Government-run
Causes of Action Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
42 U.S.C. ยง 1983
Defendant(s) Montgomery County Sheriff's Department
Plaintiff Description Woman who had allegedly failed to pay child support (this allegation was untrue) was arrested and strip-searched at the Seven Locks Detention Center.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Damages
Unknown
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1996
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

  Jail Strip-Search Cases: Patterns and Participants
http://law.duke.edu/journals/lcp
By: Margo Schlanger (Washington University in St. Louis)
Citation: 71 Law & Contemp. Problems 65 (2008)
[ Detail ] [ External Link ]

Docket(s)
2:91-cv-03668-WEB (D. Md.) 01/25/1996
JC-MD-0014-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum 01/05/1995 (872 F.Supp. 1439) (D. Md.)
JC-MD-0014-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Black, Walter Evan Jr. (D. Md.)
JC-MD-0014-9000
Legg, Benson Everett (D. Md.)
JC-MD-0014-0001
Monitors/Masters None on record
Plaintiff's Lawyers Shuster, Jay B. (Maryland)
JC-MD-0014-0001 | JC-MD-0014-9000
Defendant's Lawyers Bell-Pearson, Ramona (Maryland)
JC-MD-0014-0001 | JC-MD-0014-9000
Curran, John Joseph Jr. (Maryland)
JC-MD-0014-0001 | JC-MD-0014-9000
Hildenbrand, Steven G. (Maryland)
JC-MD-0014-0001 | JC-MD-0014-9000
Stern, Joyce R. (Maryland)
JC-MD-0014-9000
Thall, Linda Berk (Maryland)
JC-MD-0014-0001 | JC-MD-0014-9000
Thompson, Charles Wellington Jr. (Maryland)
JC-MD-0014-9000
Wright, Alexander Jr. (Maryland)
JC-MD-0014-9000
Other Lawyers None on record

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