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Case Name Byrd v. Maricopa County Sheriff's Department JC-AZ-0012
Docket / Court 2:04-cv-02701 ( D. Ariz. )
State/Territory Arizona
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
On November 26, 2004, Plaintiff brought this action pro se under 42 U.S.C. § 1983 in the U.S. District Court for the District of Arizona, Phoenix Division. While Plaintiff was a pretrial detainee in a minimum-security facility, Maricopa County jail officials ordered a search of his entire housing ... read more >
On November 26, 2004, Plaintiff brought this action pro se under 42 U.S.C. § 1983 in the U.S. District Court for the District of Arizona, Phoenix Division. While Plaintiff was a pretrial detainee in a minimum-security facility, Maricopa County jail officials ordered a search of his entire housing unit. During the search, Plaintiff claims that a partial strip search and pat down of his groin area was conducted by a female training cadet despite the availability of male detention officers nearby. Plaintiff alleged that the search violated his right under the Fourth Amendment to be free from unreasonable searches, and his rights under the Fourteenth Amendment to equal protection of the laws and substantive due process protection to be free from punishment. Plaintiff named the cadet, the cadet's supervisor, and Maricopa County Sheriff's Department as Defendants.

On May 30, 2007, the court (Judge Neil V. Wake) dismissed Plaintiff's equal protection claim but denied Maricopa County's motion for summary judgment on Plaintiff's Fourth Amendment unreasonable search claim and his Fourteenth Amendment substantive due process claims. The Court also appointed counsel to represent Plaintiff at trial.

Following the presentation of evidence, both parties moved for judgment as a matter of law. The court (Judge Neil V. Wake) granted judgment as a matter of law in favor of the cadet's supervisor and the Maricopa County. The court also ruled as a matter of law that the search was constitutionally valid. With the female cadet as the only remaining Defendant, the court narrowed the issues to be presented to the jury. On August 16, 2007, the jury found for Defendant on all counts. The District Court entered judgment in favor of all Defendants.

Plaintiff appealed to the Ninth Circuit. On May 18, 2009, in a published opinion by Judge Sandra S. Ikuta, a divided panel of the Court of Appeals affirmed the District Court's judgment. The Court of Appeals subsequently granted rehearing en banc. On January 05, 2011, in a published opinion by Judge Johnnie B. Rawlinson, the Court of Appeals held that the cross-gender strip search performed on Plaintiff was unreasonable as a matter of law and violated Plaintiff's rights under the Fourth Amendment to be free from unreasonable searches. Accordingly, the District Court's entry of judgment as a matter of law in favor of the cadet's supervisor and Maricopa County was reversed, and the case was remanded to the District Court for further proceedings consistent with this opinion.

Xin Chen - 05/02/2011


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Issues and Causes of Action
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Issues
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) Maricopa County Sheriff's Department
Plaintiff Description A former pretrial detainee in the minimum-security jail in Maricopa County contends that a partial strip search and pat down of his groin area conducted by a female training cadet violated his constitutional rights.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief Unknown
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)
2:04−cv−02701 (D. Ariz.) 01/25/2012
JC-AZ-0012-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiff's Motion for Summary Judgment Pursuant to Rule 56 of Federal Rules of Procedure 04/21/2006
JC-AZ-0012-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 05/22/2006 (D. Ariz.)
JC-AZ-0012-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss and Memorandum 01/18/2007
JC-AZ-0012-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Response to Defendants' Motion for Summary Judgment 02/06/2007
JC-AZ-0012-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 05/30/2007 (D. Ariz.)
JC-AZ-0012-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Maricopa County Defendants' Motion to Dismiss 06/19/2007
JC-AZ-0012-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 06/20/2007 (D. Ariz.)
JC-AZ-0012-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Replacement Opening Brief 01/23/2008 (2008 WL 592053)
JC-AZ-0012-0010 PDF | WESTLAW | Detail
Document Source: Westlaw
Answering Brief of Defendants 03/07/2008 (2008 WL 1723061)
JC-AZ-0012-0011 PDF | WESTLAW | Detail
Document Source: Westlaw
Plaintiff's Reply Brief 04/08/2008 (2008 WL 2116533)
JC-AZ-0012-0012 PDF | WESTLAW | Detail
Document Source: Westlaw
Opinion 05/18/2009 (565 F.3d 1205)
JC-AZ-0012-0008 PDF | WESTLAW| LEXIS | Detail
Opinion 01/05/2011 (629 F.3d 1135)
JC-AZ-0012-0009 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/25/2011 (D. Ariz.)
JC-AZ-0012-0013 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 10/24/2011 (2011 WL 5434240) (D. Ariz.)
JC-AZ-0012-0014 PDF | WESTLAW | Detail
Document Source: Westlaw
Order 11/21/2011 (D. Ariz.)
JC-AZ-0012-0015 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 12/30/2011 (D. Ariz.)
JC-AZ-0012-0016 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Ikuta, Sandra Segal (Ninth Circuit)
JC-AZ-0012-0008
Rawlinson, Johnnie B. (Ninth Circuit, D. Nev.)
JC-AZ-0012-0009
Voss, Edward C. III (D. Ariz.) [Magistrate]
JC-AZ-0012-0002
Wake, Neil Vincent (D. Ariz.)
JC-AZ-0012-0005 | JC-AZ-0012-0007 | JC-AZ-0012-0013 | JC-AZ-0012-0014 | JC-AZ-0012-0015 | JC-AZ-0012-0016 | JC-AZ-0012-9000
Monitors/Masters None on record
Plaintiff's Lawyers Brower, Stephen (Arizona)
JC-AZ-0012-9000
Green, Jarrett A. (California)
JC-AZ-0012-0010 | JC-AZ-0012-0012 | JC-AZ-0012-9000
Lopez, Louis Daniel Jr. (Arizona)
JC-AZ-0012-9000
Defendant's Lawyers Brandon, Maria R. (Arizona)
JC-AZ-0012-0003 | JC-AZ-0012-0006 | JC-AZ-0012-9000
Carpenter, Dennis Dale Jr. (Arizona)
JC-AZ-0012-0003 | JC-AZ-0012-9000
GilBride, Eileen Dennis (Arizona)
JC-AZ-0012-0011 | JC-AZ-0012-9000
Muthig, Klaus Peter (Arizona)
JC-AZ-0012-9000
Tinsley, Laurence G (Arizona)
JC-AZ-0012-9000
Other Lawyers None on record

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