University of Michigan Law School
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Case Name Garcia v. Ocean County JC-NJ-0021
Docket / Court 3:04-cv-03708-GEB-JJH ( D.N.J. )
State/Territory New Jersey
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
On November 28, 2007, five arrestees, proceeding through private counsel, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of New Jersey in order to challenge the blanket strip search policy of the Ocean County Correctional Facility. The named plaintiffs ... read more >
On November 28, 2007, five arrestees, proceeding through private counsel, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the District of New Jersey in order to challenge the blanket strip search policy of the Ocean County Correctional Facility. The named plaintiffs alleged that they were all arrested for misdemeanor or petty crimes and, upon their admission to the jail, were strip searched pursuant to the unconstitutional blanket policy of strip searching every pre-trial detainee that entered the Jail, regardless of the crime charged and without making a determination whether there was a reasonable suspicion that the detainee possessed weapons or contraband. Plaintiffs alleged that the policy violated the Fourth and Fourteenth Amendments to the U.S. Constitution and sought monetary and injunctive relief, as well as class certification. Defendants answered Plaintiffs' complaint by generally denying the charges.

The case was assigned to District Court Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni.



At the time of this summary, the case was ongoing.

Dan Dalton - 02/11/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
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) Ocean County
Plaintiff Description Individuals subjected to strip-searches at the Ocean County Correctional Facility
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
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)
3:07-cv-05665-FLW-TJB (D.N.J.) 08/16/2012
JC-NJ-0021-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint; Jury Trial Demanded 11/28/2007
JC-NJ-0021-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 06/09/2009 (2009 WL 1617887) (D.N.J.)
JC-NJ-0021-0002.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Amended Class Action Complaint 06/29/2009
JC-NJ-0021-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 04/12/2011 (2011 WL 1375683) (D.N.J.)
JC-NJ-0021-0004.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bongiovanni, Tonianne J. (D.N.J.) [Magistrate]
JC-NJ-0021-9000
Wolfson, Freda L. (D.N.J.) [Magistrate]
JC-NJ-0021-0002 | JC-NJ-0021-0004 | JC-NJ-0021-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cuneo, Jonathan W. (District of Columbia)
JC-NJ-0021-0001
Keach, Elmer Robert III (New York)
JC-NJ-0021-0001 | JC-NJ-0021-0003 | JC-NJ-0021-9000
LaDuca, Charles Joseph (District of Columbia)
JC-NJ-0021-0001 | JC-NJ-0021-0003
Lesser, Seth R. (New York)
JC-NJ-0021-0001 | JC-NJ-0021-0003 | JC-NJ-0021-9000
Riback, William A. (New Jersey)
JC-NJ-0021-0001 | JC-NJ-0021-0003 | JC-NJ-0021-9000
Rudich, Fran L. (New York)
JC-NJ-0021-0001 | JC-NJ-0021-0003
Warren, Alexandra C. (District of Columbia)
JC-NJ-0021-0001 | JC-NJ-0021-0003
Defendant's Lawyers Clayton, Robert Scott (New Jersey)
JC-NJ-0021-9000
Horn, Steven M. (New Jersey)
JC-NJ-0021-9000
Slavick, Garrick Ronald (New Jersey)
JC-NJ-0021-9000
Other Lawyers None on record

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