University of Michigan Law School
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Case Name Cantley v. The West Virginia Regional Jail and Correctional Facility Authority JC-WV-0008
Docket / Court 3:09-cv-00758 ( S.D. W. Va. )
State/Territory West Virginia
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
On October 9, 2009, an inmate of the West Virginia Regional Jail and Correctional Facility Authority (WVRJA) filed a class-action lawsuit against the WVRJA and the executive director of the facility under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of West Virginia, ... read more >
On October 9, 2009, an inmate of the West Virginia Regional Jail and Correctional Facility Authority (WVRJA) filed a class-action lawsuit against the WVRJA and the executive director of the facility under 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of West Virginia, Huntington Division.

The plaintiff claimed that after his arrest on non-felony charges, he was taken to Western Regional Jail and required to undergo a visual cavity strip search and delousing pursuant to a WVRJA policy. Plaintiff argues that this strip search and delousing policy as applied to pretrial detainees charged with misdemeanors or other minor crimes is unconstitutional under the Fourth and Fourteenth Amendments. The plaintiff brings this action on behalf of himself and others similarly situated seeking declaratory and injunctive relief, compensatory damages, and attorneys' fees and costs.

On October 28, 2009, the defendants filed a motion to dismiss the action. On August 05, 2010, Judge Robert C. Chambers denied the defendants' motion to dismiss.

Discovery proceeded in this case until June 1, 2011, when Judge Chambers signed the parties’ proposed stipulation to stay further proceedings in this matter until after the United States Supreme Court issued a decision in Florence v. Board of Chosen Freeholders, another strip search case in a jail setting. The court's decision in Florence, delivered on April 12, 2012, held that correctional officials have a significant interest in searching detainees to ensure they are not bringing any contraband into a facility, even when detainees are held for minor offenses.

On September 13, 2012, the plaintiffs filed a third amended complaint and the parties proceeded with discovery. On August 12, 2013, the defendants filed a motion for summary judgement. On August 27, 2013, the plaintiffs responded with a cross-motion for summary judgement. On October 4, 2013, Judge Robert C. Chambers released an order granting the defendant's motion for summary judgement and denying the plaintiff's. Judge Chambers ruled that based on the precedent set in Florence, defendant's strip search and delousing of plaintiff was not unconstitutional, and in doing so denied plaintiff's class-action certification. The case is now closed.

Xin Chen - 05/09/2011
Kat Brausch - 03/20/2016


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Issues and Causes of Action
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Issues
General
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Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) West Virginia Regional Jail System
Plaintiff Description All individuals who were charged with misdemeanors or minor crimes and were strip searched upon their entry into the West Virginia Regional Jail System.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2013
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 ]

Docket(s)
3:09−cv−00758 (S.D. W. Va.) 12/23/2014
JC-WV-0008-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 07/01/2009
JC-WV-0008-0001.pdf | External Link | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Class Action Complaint 10/09/2009
JC-WV-0008-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Exhibit to First Amended Class Action Complaint 10/09/2009
JC-WV-0008-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Defendants' Motion to Dismiss Plaintiff's First Amended Complaint 10/28/2009
JC-WV-0008-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Dismiss 11/17/2009
JC-WV-0008-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 08/05/2010 (728 F.Supp.2d 803) (S.D. W. Va.)
JC-WV-0008-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Amended Class Action Complaint 09/14/2012
JC-WV-0008-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 05/30/2013 (2013 WL 2389447) (S.D. W. Va.)
JC-WV-0008-0009.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order 10/04/2013 (2013 WL 5531855) (S.D. W. Va.)
JC-WV-0008-0010.pdf | WESTLAW | Detail
Document Source: Bloomberg Law
Judges Chambers, Robert Charles (S.D. W. Va.)
JC-WV-0008-0006 | JC-WV-0008-0009 | JC-WV-0008-0010 | JC-WV-0008-9000
Monitors/Masters None on record
Plaintiff's Lawyers Karon, Daniel R. (Ohio)
JC-WV-0008-0001 | JC-WV-0008-0002 | JC-WV-0008-0003 | JC-WV-0008-0005 | JC-WV-0008-0008 | JC-WV-0008-9000
Keach, Elmer Robert III (New York)
JC-WV-0008-0001 | JC-WV-0008-0002 | JC-WV-0008-0003 | JC-WV-0008-0005 | JC-WV-0008-0008 | JC-WV-0008-9000
Mason, Gary E. (District of Columbia)
JC-WV-0008-0001 | JC-WV-0008-0002 | JC-WV-0008-0003 | JC-WV-0008-0005 | JC-WV-0008-0008 | JC-WV-0008-9000
McArdle, Elgine Heceta (West Virginia)
JC-WV-0008-9000
Migliaccio, Nicholas A. (District of Columbia)
JC-WV-0008-0001 | JC-WV-0008-0002 | JC-WV-0008-0003 | JC-WV-0008-0008 | JC-WV-0008-9000
Rihn, D. Aaron (Pennsylvania)
JC-WV-0008-0001 | JC-WV-0008-0002 | JC-WV-0008-0003 | JC-WV-0008-0005 | JC-WV-0008-0008 | JC-WV-0008-9000
Shannon, Chad P (Pennsylvania)
JC-WV-0008-9000
Solen, Donna (District of Columbia)
JC-WV-0008-0001 | JC-WV-0008-0002 | JC-WV-0008-0003 | JC-WV-0008-0005 | JC-WV-0008-0008 | JC-WV-0008-9000
Defendant's Lawyers Boggs, Joshua K. (West Virginia)
JC-WV-0008-0004 | JC-WV-0008-9000
Mincer, David C. (West Virginia)
JC-WV-0008-0004 | JC-WV-0008-9000
Other Lawyers None on record

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