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Case Name Flick v. San Francisco, California JC-CA-0022
Docket / Court C 03 04022 CRB ( N.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
This case, Flick v. City and County of San Francisco, is a companion case to Bull v. City and County of San Francisco (N.D. Cal.), a class action case challenging the strip search policy of the City and County of San Francisco. [See JC-CA-0007]. Flick filed her case on September 3, 2003, ... read more >
This case, Flick v. City and County of San Francisco, is a companion case to Bull v. City and County of San Francisco (N.D. Cal.), a class action case challenging the strip search policy of the City and County of San Francisco. [See JC-CA-0007]. Flick filed her case on September 3, 2003, represented by attorneys C. Schwartz and Mark E. Merin, who were also class counsel in the Bull case.

Flick alleged that she was subjected to false arrest by several San Francisco police officers, purportedly for the charge of public intoxication. Plaintiff alleged that she was transported to the County Jail, where she was forcibly striped naked and thrown into a "cold room." She remained naked in the cold room, until she was released the next morning. No citation or any criminal charges were ever filed against her. Plaintiff alleged violations of her rights secured by the Fourth and Fourteenth Amendments and California state law. She sought general, special, exemplary, and statutory damages, as well as attorneys' fees.

On November 6, 2003, the Court (Judge Charles R. Breyer) issued an order relating the case with Bull v. City and County of San Francisco (N.D. Cal.), a class action case challenging San Francisco's strip search. [See JC-CA-0007]. Bull was filed by the same attorneys who represent Plaintiff.

On November 21, 2003, Plaintiff amended her complaint to include additional claims of intentional infliction of emotional distress, assault, battery, negligence, violations of her rights under California law, as well as false arrest, detention, and imprisonment.

On March 18, 2011, the Court stayed this matter pending the resolution of the Bull case after establishing Plaintiff's membership in Bull's plaintiff class. Two years later, the parties in the Bull case settled and the case was dismissed. On September 30, 2013, after the Bull case was dismissed, the parties in this case reached a settlement and the Court dismissed this case, though the details of the settlement were not provided.

Timothy Shoffner - 06/11/2012
Maurice Youkanna - 07/02/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Due Process
Unreasonable search and seizure
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Assault/abuse by staff
Bathing and hygiene
Conditions of confinement
Disciplinary procedures
Failure to discipline
Over/Unlawful Detention
Search policies
Strip search policy
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. ยง 1983
Defendant(s) City & County of San Francisco
San Francisco Sheriff's Department
Plaintiff Description Individual female arrested for public intoxication and then strip searched at the San Francisco Jail and placed naked into a "cold room" at the jail.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2013
Case Ongoing No
Case Listing JC-CA-0007 : Bull v. City and County of San Francisco (N.D. Cal.)
JC-CA-0051 : Yourke v. City & County of San Francisco (N.D. Cal.)
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)
3:03-cv-04022-CRB (N.D. Cal.) 09/30/2013
JC-CA-0022-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/03/2003
JC-CA-0022-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint 11/21/2003 (2003 WL 23796249)
JC-CA-0022-0001.pdf | WESTLAW | Detail
Judges Breyer, Charles R. (N.D. Cal.)
JC-CA-0022-9000
Monitors/Masters None on record
Plaintiff's Lawyers Berko, Daniel (California)
JC-CA-0022-9000
Merin, Mark E. (California)
JC-CA-0022-0001 | JC-CA-0022-0002 | JC-CA-0022-9000
Schwartz, Andrew Charles (California)
JC-CA-0022-0001 | JC-CA-0022-0002 | JC-CA-0022-9000
Schwarzschild, Jeffrey I. (California)
JC-CA-0022-0001 | JC-CA-0022-0002 | JC-CA-0022-9000
Seaton, Thomas Andrew (California)
JC-CA-0022-0001 | JC-CA-0022-0002 | JC-CA-0022-9000
Defendant's Lawyers Bonta, Robert A. (California)
JC-CA-0022-9000
Evans, Ingrid M. (California)
JC-CA-0022-9000
Newdorf, David Blake (California)
JC-CA-0022-9000
Other Lawyers Haddad, Michael J. (California)
JC-CA-0022-9000

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