University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Martinez v. Tully JC-CA-0057
Docket / Court 1:92-cv-05236-REC ( E.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
In 1992 and 1993, private attorney Robert Y. Chan, filed two 42 U.S.C. § 1983 civil rights lawsuits in the U.S. District Court for the Eastern District of California, challenging the strip searches of six individuals who were arrested at a local school board meeting by officers with the Dinuba ... read more >
In 1992 and 1993, private attorney Robert Y. Chan, filed two 42 U.S.C. § 1983 civil rights lawsuits in the U.S. District Court for the Eastern District of California, challenging the strip searches of six individuals who were arrested at a local school board meeting by officers with the Dinuba Police Department and the Tulare County Sheriff's Department. The cases (Morales v. Tully, CV-F-93-5001-SMS and Martinez v. Tully, CV-F-92-5236) were consolidated and assigned to District Court Judge Robert E. Coyle.

Details of the case are limited to the PACER dockets. According to the dockets, the parties engaged in discovery and filed numerous pre-trial motions. Claims against the City of Dinuba were dismissed for reasons that are not apparent from the docket. Plaintiffs' claims against the Tulare County Sheriff and Tulare County, however, proceeded to trial. Judge Coyle reassigned the consolidated action to Magistrate Judge Snyder-Hylton for trial. A jury trial began on November 2, 1993 and lasted through November 12, 1993, when the jury returned a verdict in favor of four of the six plaintiffs. Three of the plaintiffs were each awarded $175,000.00 in compensatory damages and $175,000 in punitive damages, for a total of $350,000.00 each. The fourth plaintiff was awarded $225,000.00 in compensatory damages plus punitive damages of $175,000.00, for a total of $400,000.00. Post-trial motions followed.

The parties settled the case on May 26, 1999 on unspecified terms. News accounts reported that the settlement was for about $1 million.

Dan Dalton - 02/05/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
General
Search policies
Strip search policy
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) City of Dinuba
County of Tulare
Dinuba Police Department
Tulare County Sheriff's Department
Plaintiff Description Female individuals arrested and strip searched following a school board meeting
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
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 1999
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)
1:92-cv-05236-REC (E.D. Cal.) 05/26/1999
JC-CA-0057-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
1:93-cv-05001-SMS (E.D. Cal.) 05/26/1999
JC-CA-0057-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Stipulation and Order of Dismissal 05/26/1999 (E.D. Cal.)
JC-CA-0057-0001 PDF | Detail
Judges Coyle, Robert Everett (E.D. Cal.)
JC-CA-0057-9000
Snyder, Sandra M. (E.D. Cal.) [Magistrate]
JC-CA-0057-0001 | JC-CA-0057-9001
Monitors/Masters None on record
Plaintiff's Lawyers Chan, Robert Y. (California)
JC-CA-0057-0001 | JC-CA-0057-9001
González, Arturo J. (California)
JC-CA-0057-0001
Defendant's Lawyers Ott, Michael Duane (California)
JC-CA-0057-9001
Parrinello, James R. (California)
JC-CA-0057-9000
Rozier, John Laurence (California)
JC-CA-0057-0001 | JC-CA-0057-9001
Wolfe, Andrew M. (California)
JC-CA-0057-0001 | JC-CA-0057-9001
Other Lawyers None on record

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