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Case Name Hunter v. Auger PC-IA-0008
Docket / Court 79-192-2 ( S.D. Iowa )
State/Territory Iowa
Case Type(s) Prison Conditions
Case Summary
In 1979, three prison visitors filed a lawsuit under 42 U.S.C. § 1983 against correctional officers at Iowa State Men's Reformatory and Iowa State Penitentiary in the U.S. District Court for the Southern District of Iowa. The plaintiffs, represented by private counsel, asked the court for ... read more >
In 1979, three prison visitors filed a lawsuit under 42 U.S.C. § 1983 against correctional officers at Iowa State Men's Reformatory and Iowa State Penitentiary in the U.S. District Court for the Southern District of Iowa. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, alleging violations of their Fourth Amendment rights to be free from strip searches during their visits to the institution.

On February 26, 1981, the District Court (Judge Harold D. Vietor) found for the defendants, holding that "neither the strip search policies nor their application of the plaintiffs in this case violated plaintiff's Fourth Amendment rights to be free from unreasonable searches." Hunter v. Auger, No. 79-192-2 (S.D. Iowa Feb. 26, 1981). The plaintiffs appealed.

On March 11, 1982, Eighth Circuit Court of Appeals (Judge Jesse S. Henley) reversed and remanded. Hunter v. Auger, 672 F.2d 668 (8th Cir. 1982). Judge Henley held that an anonymous and uncorroborated tip was insufficient to constitute reasonable suspicion to justify strip searches.

The docket for this case in unavailable on PACER and therefore our information ends with the Eighth Circuit's 1982 decision.

Rebekah Henn Sullivan - 08/10/2005


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Issues and Causes of Action
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Issues
General
Search policies
Visiting
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Iowa State Men's Reformatory
Iowa State Penitentiary
Plaintiff Description Prison visitors seeking damages and declaratory and injunctive relief for violation of their Fourth Amendment rights to be free from strip searches during visits to the institution
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 Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1982 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Reported Opinion 03/11/1982 (672 F.2d 668)
PC-IA-0008-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Arnold, Richard Sheppard (W.D. Ark., Eighth Circuit, E.D. Ark.)
PC-IA-0008-0001
Harris, Oren (E.D. Ark., W.D. Ark.)
PC-IA-0008-0001
Henley, Jesse Smith (W.D. Ark., Eighth Circuit, E.D. Ark.)
PC-IA-0008-0001
Monitors/Masters None on record
Plaintiff's Lawyers Allen, Gordon E. (Iowa)
PC-IA-0008-0001
Defendant's Lawyers Black, John G. (Iowa)
PC-IA-0008-0001
Brenneise, Craig S. (Iowa)
PC-IA-0008-0001
Miller, Thomas J. (Iowa)
PC-IA-0008-0001
Other Lawyers None on record

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