Case: Draper v. Walsh

5:91-cv-01104 | U.S. District Court for the Western District of Oklahoma

Filed Date: July 18, 1991

Closed Date: May 7, 1992

Clearinghouse coding complete

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'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.

Summary Authors

Denise Heberle (8/7/2012)

People


Judge(s)

Cauthron, Robin J. (Oklahoma)

Attorney for Plaintiff

McDonald, Norman P. (Oklahoma)

Attorney for Defendant

Gaston , Reginald D. (Oklahoma)

Jacobsen, John M. (Oklahoma)

McGraw, Jamie J. (Oklahoma)

Judge(s)

Cauthron, Robin J. (Oklahoma)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

5:91-cv-01104

Docket (PACER)

May 7, 1992

May 7, 1992

Docket
32

5:91-cv-01104

Memorandum Opinion and Order

Dec. 17, 1991

Dec. 17, 1991

Order/Opinion

790 F.Supp. 790

Docket

Last updated March 23, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (FE) (Entered: 07/22/1991)

July 18, 1991

July 18, 1991

2

PRAECIPE for and issued 1 Summs by plaintiff Dacre Beth Draper (FE) (Entered: 07/22/1991)

July 18, 1991

July 18, 1991

3

ATTORNEY APPEARANCE for plaintiff Dacre Beth Draper by Norman P. McDonald (FE) (Entered: 07/22/1991)

July 18, 1991

July 18, 1991

4

RETURN OF SERVICE executed upon defendant John Walsh on 7/23/91 by personal service (20 days) (FE) (Entered: 07/24/1991)

July 23, 1991

July 23, 1991

5

ANSWER by defendant John Walsh to pla's complaint (FE) (Entered: 08/13/1991)

Aug. 12, 1991

Aug. 12, 1991

6

MOTION by defendant John Walsh to dismiss complaint for failure to state a cause of action agnst Dft upon which relief can be grtg (FE) (Entered: 08/13/1991)

Aug. 12, 1991

Aug. 12, 1991

7

BRIEF (MEMORANDUM) by defendant John Walsh in support of motion to dismiss complaint for failure to state a cause of action agnst Dft upon which relief can be grtg [6-1] (FE) (Entered: 08/13/1991)

Aug. 12, 1991

Aug. 12, 1991

8

PRAECIPE for and issued 1 Summs by plaintiff Dacre Beth Draper (FE) (Entered: 08/14/1991)

Aug. 13, 1991

Aug. 13, 1991

9

RETURN OF SERVICE executed upon defendant John Walsh on 8/16/91 by serving Bd of Cty Comrs of Cleveland Cty by PPS (20 days) (FE) (Entered: 08/22/1991)

Aug. 22, 1991

Aug. 22, 1991

10

RESPONSE by plaintiff Dacre Beth Draper to dfts motion to dismiss complaint for failure to state a cause of action agnst Dft upon which relief can be grtg [6-1] or in the alternative mtn of pla for lv to join Bd of Cty Comrs of Cleveland Cty as a pty-dft & mtn for lv to file amended compl & mtn of pla to strike defense (FE) (Entered: 08/22/1991)

Aug. 22, 1991

Aug. 22, 1991

10

MOTION by plaintiff Dacre Beth Draper for leave to join Bd of Cty Comrs of Cleveland Cty as a pty-dft , and to amend complaint , and to strike defense (FE) (Entered: 08/22/1991)

Aug. 22, 1991

Aug. 22, 1991

11

ORDER by Honorable Robin J. Cauthron denying pla's motion to strike defense [10-3] and granting dft's motion to dismiss complaint for failure to state a cause of action agnst Dft upon which relief can be grtg [6-1] dismissing party John Walsh (MICRO SEPTEMBER 91) (cc: all counsel) (FE) (Entered: 09/06/1991)

Sept. 5, 1991

Sept. 5, 1991

12

AMENDED COMPLAINT [1-1] by plaintiff Dacre Beth Draper; jury demand adding Cleveland Cty Comrs, John Walsh (ar) (Entered: 09/10/1991)

Sept. 9, 1991

Sept. 9, 1991

13

PRAECIPE for and issued 2 summ by plaintiff Dacre Beth Draper (ar) (Entered: 09/10/1991)

Sept. 9, 1991

Sept. 9, 1991

14

ATTORNEY APPEARANCE for defendant John Walsh by John M Jacobsen (FE) (Entered: 09/12/1991)

Sept. 12, 1991

Sept. 12, 1991

15

ORDER by Honorable Robin J. Cauthron that Pla have & recover an atty fee in the amt of $25,550.(cc: all counsel) (FE) (Entered: 09/12/1991)

Sept. 12, 1991

Sept. 12, 1991

16

RETURN OF SERVICE executed upon defendant John Walsh on 9/23/91 by PPS (20 days) (FE) (Entered: 09/25/1991)

Sept. 24, 1991

Sept. 24, 1991

17

RETURN OF SERVICE executed upon defendant Cleveland Cty Comrs on 9/13/91 PPS (20 days) (FE) (Entered: 09/25/1991)

Sept. 24, 1991

Sept. 24, 1991

18

ANSWER by defendant John Walsh to plaintiff's amended complaint (FE) (Entered: 09/25/1991)

Sept. 24, 1991

Sept. 24, 1991

19

ANSWER by defendants to plaintiffs' amended petition (FE) (Entered: 09/27/1991)

Sept. 26, 1991

Sept. 26, 1991

STATUS/SCHEDULING DOCKET ; status scheduling conf set for 11:30 11/7/91 (FE) (Entered: 10/15/1991)

Oct. 11, 1991

Oct. 11, 1991

20

PRETRIAL SCHEDULING CONFERENCE MEMORANDUM (STATUS REPORT) by plaintiff and defendants (FE) (Entered: 11/07/1991)

Nov. 6, 1991

Nov. 6, 1991

21

SCHEDULING ORDER Honorable Robin J. Cauthron ; jury trial set for 3/1/92 ; Mtn to join add'l ptys/amend pldgs l2/l/9l; Pla wit list l2/l5/9l; Dft wit list l2/l5/9l; Pla exh list l2/l5/9l, dft exh list l2/l5/9l; Pla final content l/1/92, dft 5 days t/a; All stip 3/l/92; Mtns in limine 3/l/92; Joint stmt of cs 3/l/92; Req voir dire 3/l/92; Prop findings & conclusions 3/l/92; Pla's cnsl dir to initiate settlm disc now & rpt status by l/l5/92; Discovery set for 1/1/92 ;mtn filing ddl set for 1/15/92 ; pretrial order due 3/1/92 ; status scheduling conference held on 11:30 11/7/91 jury instr due : 3/1/92 voir dire requests due : 3/1/92 trial briefs due : 3/1/92 (cc: all counsel) (FE) (Entered: 11/12/1991)

Nov. 7, 1991

Nov. 7, 1991

22

MOTION by defendant John Walsh for summary judgment (FE) (Entered: 11/20/1991)

Nov. 19, 1991

Nov. 19, 1991

23

JOINT APPLICATION (MOTION) by plaintiff Dacre Beth Draper and defendant John Walsh to extend time to resp to disc req or to hold resp in abeyance until after SJ by John Walsh is ruled upon (FE) (Entered: 11/21/1991)

Nov. 20, 1991

Nov. 20, 1991

24

ORDER by Honorable Robin J. Cauthron denying joint motion to extend time to resp to disc req or to hold resp in abeyance until after SJ by John Walsh is ruled upon [23-1] (cc: all counsel) (FE) (Entered: 11/22/1991)

Nov. 21, 1991

Nov. 21, 1991

25

RESPONSE in opposition by plaintiff Dacre Beth Draper to dft John Walsh's motion for summary judgment [22-1] (FE) (Entered: 11/27/1991)

Nov. 27, 1991

Nov. 27, 1991

26

MOTION by plaintiff Dacre Beth Draper to compel as to dft Bd of Cty Comrs & br in supp (FE) (Entered: 11/27/1991)

Nov. 27, 1991

Nov. 27, 1991

27

APPLICATION (MOTION) by plaintiff Dacre Beth Draper to strike the Mtn to compel filed by plaintiff on ll/27/9l as to dft Bd of Cty Comrs of Cleveland Cty only (FE) (Entered: 12/06/1991)

Dec. 5, 1991

Dec. 5, 1991

28

ORDER by Honorable Robin J. Cauthron striking pla's motion to compel as to dft Bd of Cty Comrs & br in supp [26-1] (cc: all counsel) (FE) (Entered: 12/10/1991)

Dec. 6, 1991

Dec. 6, 1991

29

LETTER RE WITNESS & exhibit list submitted by defendant John Walsh (FE) (Entered: 12/16/1991)

Dec. 13, 1991

Dec. 13, 1991

30

LETTER RE WITNESS & exhibt list submitted by plaintiff Dacre Beth Draper (FE) (Entered: 12/17/1991)

Dec. 16, 1991

Dec. 16, 1991

31

OBJECTIONS by plaintiff Dacre Beth Draper to dft Walsh's witness & exhibit list [29-1] (FE) (Entered: 12/18/1991)

Dec. 17, 1991

Dec. 17, 1991

32

MEMORANDUM OPINION AND ORDER by Honorable Robin J. Cauthron denying dft Walsh's motion for summary judgment [22-1] (MORE FULLY SET OUT) (cc: all counsel) (FE) (Entered: 12/20/1991)

Dec. 17, 1991

Dec. 17, 1991

33

SUPPLEMENT by plaintiff Dacre Beth Draper re witness & exhibit list [30-1] (FE) (Entered: 12/24/1991)

Dec. 23, 1991

Dec. 23, 1991

34

OBJECTIONS by plaintiff Dacre Beth Draper to dft John Walsh & Bd of Comrs of Cleveland Cty's witness & exhibit list [29-1] (FE) (Entered: 12/24/1991)

Dec. 23, 1991

Dec. 23, 1991

36

NOTICE OF APPEAL by defendant John Walsh from Dist. Court decision, Opinion and Order entered December 17, 1991. w/s [36-1] (92-6006) (hm) Modified on 01/16/1992 (Entered: 01/02/1992)

Dec. 23, 1991

Dec. 23, 1991

35

NOTICE by defendant Cleveland Cty Comrs of taking deposition of Dacre Beth Draper (FE) (Entered: 12/24/1991)

Dec. 24, 1991

Dec. 24, 1991

RECEIVED re appeal [36-1] fee in amount of $ 105.00 ( Receipt # 019753) (hm) (Entered: 01/02/1992)

Dec. 31, 1991

Dec. 31, 1991

37

CLERK'S LETTER re: service of Notice of Appeal, with copy of letter, Notice of Appeal and docket sheet as preliminary record mailed to CCA and counsel (hm) (Entered: 01/02/1992)

Jan. 2, 1992

Jan. 2, 1992

38

FINAL CONTENTIONS by defendant John Walsh (FE) (Entered: 01/07/1992)

Jan. 6, 1992

Jan. 6, 1992

39

FINAL CONTENTIONS by defendant Cleveland Cty Comrs and defendant John Walsh as sheriff of Cleveland Cty (FE) (Entered: 01/07/1992)

Jan. 6, 1992

Jan. 6, 1992

41

NOTICE of Transcript Order Form by dft (Jacobsen) a transcript is not necessary, cc: CCA and counsel (FE) (Entered: 01/08/1992)

Jan. 6, 1992

Jan. 6, 1992

42

CLERK'S letter to CCA and counsel advising a transcript is not necessary and the record on appeal is ready to transmit (FE) (Entered: 01/08/1992)

Jan. 8, 1992

Jan. 8, 1992

43

MOTION by plaintiff Dacre Beth Draper for partial summary judgment as to the issue of liability only & supp br (FE) (Entered: 01/13/1992)

Jan. 10, 1992

Jan. 10, 1992

44

ORDER by Honorable Robin J. Cauthron Administrative Closing: That Clerk administratively terminate this action without prejudice to the rights of the parties to reopen for entry of any stipulation or order; if parties have not reopened within 90 days to obtain final determination, action will be deemed dismissed with prejudice (MICRO JANUARY 92) (cc: all counsel) (FE) (Entered: 01/24/1992)

Jan. 21, 1992

Jan. 21, 1992

45

CCA'S certified copy of order (re: consideration of the joint motion withdrawing appeal, it is ordered appeal be and is dismissed; each party shall bear its own costs (Hoecker) #92-6006 (FE) (Entered: 02/20/1992)

Feb. 20, 1992

Feb. 20, 1992

46

JUDGMENT: by Honorable Robin J. Cauthron: That plaintiff have and recover judgment against the defendant for $20,000.00 with interest theron from March 30, 1992, at the statutory rate. (cc: all counsel) (hm) (Entered: 05/01/1992)

April 30, 1992

April 30, 1992

48

ASSIGNMENT OF JUDGMENT of plf Dacre Beth Draper (cc: all counsel) (hm) (Entered: 05/07/1992)

May 4, 1992

May 4, 1992

49

ORDER directing preparation of certification of registration for filing in a separate district by Honorable Wayne E. Alley (cc: all counsel) (hm) (Entered: 05/07/1992)

May 4, 1992

May 4, 1992

47

AMENDED JOURNAL ENTRY OF JUDGMENT: by Honorable Wayne E. Alley; that plf have and recover judgment against the dft for $20,000.00 with interest theron from March 30, 1992, at the statutory rate. (cc: all counsel) (hm) (Entered: 05/07/1992)

May 7, 1992

May 7, 1992

Case Details

State / Territory: Oklahoma

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: July 18, 1991

Closing Date: May 7, 1992

Case Ongoing: No

Plaintiffs

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.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cleveland County (Cleveland), County

Sheriff of Cleveland County (Cleveland), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Order Duration: 1992 - None

Issues

General:

Search policies

Strip search policy

Affected Sex or Gender:

Female

Type of Facility:

Government-run