University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Jones v. Murphy JC-MD-0007
Docket / Court 1:05-cv-01287-CCB ( D. Md. )
State/Territory Maryland
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
On May 12, 2005, male arrestees at the Baltimore Central Booking and Intake Center ("Central Booking") filed this lawsuit in the United States District Court for the District of Maryland. The plaintiffs sued the warden of Central Booking, the Baltimore Police Department, the City of Baltimore, and ... read more >
On May 12, 2005, male arrestees at the Baltimore Central Booking and Intake Center ("Central Booking") filed this lawsuit in the United States District Court for the District of Maryland. The plaintiffs sued the warden of Central Booking, the Baltimore Police Department, the City of Baltimore, and other state officials under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, asked the Court for injunctive relief, compensatory and consequential damages, and attorneys fees and costs. The plaintiffs claimed that all actions by the defendants were pursuant to the policies, customs, and practices of the Baltimore City Police Department and the City of Baltimore.The plaintiffs alleged that the defendants were liable under the Fourth and Fourteenth Amendments through 42 U.S.C. § 1983 for constitutional injuries to the named plaintiffs and all other class members caused by their conduct. This case was one of three cases alleging mistreatment of persons arrested and taken to Central Booking for booking and processing. The other cases were JC-MD-0008: Maryland NAACP v. Baltimore City Police Department, 1:06-cv-01863-CCB (D. Md. 2006) and JC-MD-0011: Rodney v. Murphy, 24-C-05004405, filed in Maryland state court.

Plaintiffs sought certification for five classes. First, the suspicionless strip search class which consisted of those who had been or would be arrested for crimes not involving weapons, drugs, or felony violence, who were strip searched by Central Booking employees without any individualized finding that they were harboring weapons, drugs, or other contraband. Second, the non-private strip search class was composed of those who had been or would be subjected to strip searches at Central Booking with other arrestees present. Third, the equal protection strip search class consisted of male arrestees strip searched at Central Booking while similarly-situated female arrestees were not. Fourth, the underwear strip search class was made up of male arrestees subjected to an underwear strip search while similarly-situated female arrestees were not. Fifth, the over detention class consisted of those arrested without warrants who had been or would be detained for an unreasonable length of time (more than 48 hours) before presentment to a judicial officer for a determination of probable cause.

The defendants moved to dismiss the third amended complaint for failure to state a claim. The District Court (District Judge Catherine C. Blake) granted the motion in part and dismissed all claims against the City and the Police Department, rejecting the theory of "entrustment liability." Claims against the state defendants survived, with the exception of individual claims against the current warden. Jones v. Murphy, 470 F.Supp.2d 537 (D. Md. Jan 04, 2007).

On July 11, 2008, the district court (Judge Blake) issued a memorandum on the issue of whether the gender-differentiated search policy violated the Equal Protection Clause. The court granted the plaintiffs' motion for summary judgment on the issue and denied the defendants' motion.

On March 19, 2009, the district court partially granted the plaintiffs' motion to certify a class. Specifically, the court certified the following subclasses: 1) those people detained for more than 48 hours without having been brought before a commissioner, and 2) those people arrested for minor, nondrug, nonviolent offenses and strip-searched before they were brought before a commissioner. The court declined to certify the following subclasses: 1) those people who weren't strip-searched privately, and 2) male arrestees who were searched to their underwear when female detainees were not.

As of the date of this summary, litigation and discovery in the case continued.

Kristen Sagar - 06/06/2009


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Male
Discrimination-basis
Sex discrimination
General
Over/Unlawful Detention
Search policies
Strip search policy
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Baltimore City Police Department
City of Baltimore
Maryland Department of Public Safety and Correctional Services
Maryland Division of Pretrial Detention and Services
Plaintiff Description Persons subjected to strip searches at the Baltimore Central Booking. 2 Subclasses: those detained for more than 48 hours without having seeing a commissioner, and 2) those arrested for minor, nondrug, nonviolent offenses
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
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 Yes
Case Listing JC-MD-0008 : Maryland NAACP v. Baltimore City Police Department (D. Md.)
JC-MD-0011 : Rodney v. Murphy (State Court)
Additional Resources
click to show/hide detail
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)
1:05-cv-01287-CCB (D. Md.) 06/27/2013
JC-MD-0007-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint for Money Damages and Injunctive Relief and Preliminary Injunction, with Jury Demand 05/12/2005
JC-MD-0007-0001 PDF | Detail
Correspondence re: State Court Litigation 02/27/2006
JC-MD-0007-0004 PDF | Detail
Order [Regarding Motion for Leave to File Third Amended Complaint] 01/04/2007 (D. Md.)
JC-MD-0007-0005 PDF | Detail
Memorandum and Order 01/04/2007 (470 F.Supp.2d 537) (D. Md.)
JC-MD-0007-0013 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Plaintiffs Motion for Partial Summary Judgment 02/20/2008
JC-MD-0007-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Class Certification 04/25/2008
JC-MD-0007-0009 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Agreed Order of Dismissal 06/25/2010 (D. Md.)
JC-MD-0007-0014 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation of Settlement [Order of Dismissal] 06/25/2010 (D. Md.)
JC-MD-0007-0015 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandom 03/05/2013 (2013 WL 822372) (D. Md.)
JC-MD-0007-0010 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 03/05/2013 (D. Md.)
JC-MD-0007-0011 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 05/23/2013 (D. Md.)
JC-MD-0007-0012 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Blake, Catherine C. (D. Md.) [Magistrate]
JC-MD-0007-0005 | JC-MD-0007-0010 | JC-MD-0007-0011 | JC-MD-0007-0012 | JC-MD-0007-0013 | JC-MD-0007-0014 | JC-MD-0007-0015 | JC-MD-0007-9000
Gauvey, Susan K. (D. Md.) [Magistrate]
JC-MD-0007-9000
Monitors/Masters None on record
Plaintiff's Lawyers Claiborne, William Charles III (District of Columbia)
JC-MD-0007-0008 | JC-MD-0007-0009 | JC-MD-0007-0013 | JC-MD-0007-9000
Day, Sean Robert (Maryland)
JC-MD-0007-0001 | JC-MD-0007-0008 | JC-MD-0007-0009 | JC-MD-0007-0013 | JC-MD-0007-9000
Litt, Barrett S. (California)
JC-MD-0007-0008 | JC-MD-0007-0009 | JC-MD-0007-0013 | JC-MD-0007-9000
Defendant's Lawyers Auerbach, Joshua Neal (Maryland)
JC-MD-0007-0004 | JC-MD-0007-0013 | JC-MD-0007-9000
Bellamy, Conseulo Beatric Nunez (Maryland)
JC-MD-0007-9000
Brockman, William F. (Maryland)
JC-MD-0007-9000
Conti, Michael Francis (Maryland)
JC-MD-0007-9000
Doyle, Michael O Connor (Maryland)
JC-MD-0007-9000
Eason, Alan D (Maryland)
JC-MD-0007-9000
Fader, Matthew J. (Maryland)
JC-MD-0007-9000
Hughes, Beverly (Maryland)
JC-MD-0007-9000
Johnson, Kim Yvette (Maryland)
JC-MD-0007-0013 | JC-MD-0007-9000
Moore, David Reid (Maryland)
JC-MD-0007-9000
Pothier, Karl Aram (Maryland)
JC-MD-0007-0013 | JC-MD-0007-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -