University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Draper v. Walsh JC-OK-0006
Docket / Court 5:91-cv-01104-C ( W.D. Okla. )
State/Territory Oklahoma
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
A pre-trial detainee strip-searched in the county jail after having been arrested for public intoxication filed this case in 1991 in the U.S. District Court for the Western District of Oklahoma. On the defendants' motion for summary judgment, the District Court (Judge Cauthron) held that the County' ... read more >
A pre-trial detainee strip-searched in the county jail after having been arrested for public intoxication filed this case in 1991 in the U.S. District Court for the Western District of Oklahoma. On the defendants' motion for summary judgment, the District Court (Judge Cauthron) held that the County's policy of subjecting detainees arrested for traffic violations or other minor offenses to visual strip search at the discretion of police was unconstitutional on its face, making qualified immunity defense
unavailable.

The case concluded in a judgment for the plaintiff in the amount of $20,000.

Denise Heberle - 08/07/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
General
Search policies
Strip search policy
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Cleveland County
Sheriff of Cleveland County
Plaintiff Description While waiting to post bond for release upon detention for public intoxication, the detainee was strip-searched by female guards pursuant to the detention center's indiscriminate policy of searching all prisoners.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1992 - n/a
Case Closing Year 1992
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)
5:91-cv-01104-C (W.D. Okla.) 05/07/1992
JC-OK-0006-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum Opinion and Order 12/17/1991 (790 F.Supp. 1553) (W.D. Okla.)
JC-OK-0006-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Cauthron, Robin J. (W.D. Okla.) [Magistrate]
JC-OK-0006-0001 | JC-OK-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers McDonald, Norman P. (Oklahoma)
JC-OK-0006-0001 | JC-OK-0006-9000
Defendant's Lawyers Gaston , Reginald D. (Oklahoma)
JC-OK-0006-0001 | JC-OK-0006-9000
Jacobsen, John M. (Oklahoma)
JC-OK-0006-0001 | JC-OK-0006-9000
McGraw, Jamie J. (Oklahoma)
JC-OK-0006-0001 | JC-OK-0006-9000
Other Lawyers None on record

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