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Case Name Kidd v. Gowen JC-NH-0004
Docket / Court 1:90-cv-00482-SD ( D.N.H. )
State/Territory New Hampshire
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
On October 25, 1990, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 and New Hampshire law against the Chief of the Durham Police Department, two police sergeants, one police officer, the supervisor of the Strafford County House of Correction, two correctional sergeants, and one correctional ... read more >
On October 25, 1990, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 and New Hampshire law against the Chief of the Durham Police Department, two police sergeants, one police officer, the supervisor of the Strafford County House of Correction, two correctional sergeants, and one correctional officer in the United States District Court for the District of New Hampshire. Plaintiff, represented by private counsel, alleged Defendants strip-searched her in violation of the Fourth Amendment.

On October 22, 1988, Plaintiff was taken into protective custody because she was intoxicated. Plaintiff was strip-searched according to Strafford County House of Correction (SCHC) policy which required that all arrestees be strip-searched. The officers had no specific suspicion that she concealed contraband.

On April 26, 1993, Plaintiff filed a motion for partial summary judgment as to her 42 U.S.C. § 1983 claim against Defendant Strafford County.

On August 24, 1993, the District Court (Senior Judge Shane Devine) granted partial summary judgment to Plaintiff as to her 42 U.S.C. § 1983 claim against Defendant Strafford County. The Court held: (1) Defendants' strip search policy violated the Fourth Amendment because it did not require individualized suspicion that detainees were concealing contraband, and (2) strip search of Plaintiff violated the Fourth Amendment.

Kidd v. Gowen, 829 F.Supp. 16 (D.N.H. 1993).

On February 24, 1994, the remainder of the case settled.

Shira Gordon - 03/24/2012


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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. § 1983
Defendant(s) Durham Police Department
Strafford County, NH
Plaintiff Description Woman who was taken into protective custody based on a determination that she was intoxicated and who was strip searched at the Strafford County House of Correction, as per the jail's policy.
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 Unknown
Source of Relief Unknown
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 1994
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)
1:90-cv-00482-SD (D.N.H.) 07/12/1999
JC-NH-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
1:90-cv-00483-SD (D.N.H.) 08/17/1999
JC-NH-0004-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order [Granting Plaintiff's Motion for Partial Summary Judgment] 08/24/1993 (829 F.Supp. 16) (D.N.H.)
JC-NH-0004-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Devine, Shane (D.N.H.)
JC-NH-0004-0001 | JC-NH-0004-9000 | JC-NH-0004-9001
Monitors/Masters None on record
Plaintiff's Lawyers Foley, Richard N. (New Hampshire)
JC-NH-0004-9000
Loring, James P. (New Hampshire)
JC-NH-0004-0001 | JC-NH-0004-9000 | JC-NH-0004-9001
Defendant's Lawyers Dunnington, Thomas C. Jr. (New Hampshire)
JC-NH-0004-9000
Lindh, George W. (South Carolina)
JC-NH-0004-9000 | JC-NH-0004-9001
Wadleigh, Theodore (New Hampshire)
JC-NH-0004-0001 | JC-NH-0004-9000
Walker, James G. (New Hampshire)
JC-NH-0004-0001 | JC-NH-0004-9000
Other Lawyers None on record

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