University of Michigan Law School
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Case Name Parilla v. Eslinger JC-FL-0013
Docket / Court 6:05-cv-00850-GAP-KRS ( M.D. Fla. )
State/Territory Florida
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
On June 9, 2005, seven plaintiffs, represented by attorneys with the Florida Justice Institute, filed a 42 U.S.C. §1983 class action lawsuit in the U.S. District Court for the Middle District of Florida, challenging the allegedly unconstitutional practice of subjecting all non-felony arrestees ... read more >
On June 9, 2005, seven plaintiffs, represented by attorneys with the Florida Justice Institute, filed a 42 U.S.C. §1983 class action lawsuit in the U.S. District Court for the Middle District of Florida, challenging the allegedly unconstitutional practice of subjecting all non-felony arrestees booked into the John E. Polk Correctional Facility (a/k/a "the Seminole County Jail") to strip and visual body cavity searches prior to their first appearance before a judge. All but one of the named plaintiffs had been arrested for failure to appear at court appointments for non-violent crimes and all named plaintiffs were strip searched pursuant to the County's blanket strip search policy. Plaintiffs initially alleged that the blanket strip search policy violated the Fourth and Fourteenth Amendments to the U.S. Constitution, as well as Florida state law. On August, 2, 2005, Plaintiffs amended the complaint in order to further challenge, under the Fourth and Fourteenth Amendments, the defendants' practice of allegedly over-detaining persons who had been ordered to be immediately released by a judge. On August 2, 2005, an eighth named plaintiff was added to the complaint and, on April 20, 2006 the complaint was again amended to add a ninth named plaintiff. Plaintiffs sought declaratory and injunctive relief, monetary and punitive damages, and class certification.

The County and Sheriff answered the complaint by denying all allegations. They also maintained that, shortly after the December 3, 2004 incident involving the majority of the named Plaintiffs, the Sheriff revised its strip search policy. The new policy became effective on August 30, 2005.

The County and the Sheriff moved to dismiss the case. The Court denied the defendants' motion to dismiss as to the Fourth Amendment strip search claim, but dismissed Plaintiffs' state law strip search claim and their over-detention claim. Parilla v. Eslinger, 2005 WL 3288760 (M.D.Fla. Dec 05, 2005).

Following discovery, the case was submitted to mediation. Shortly after mediation, the case was settled. Under the terms of the settlement, which was approved by Judge Gregory A. Presnell on May 24, 2007, the 9 representative plaintiffs received a total of $360,000. Defendants also agreed to pay each verified Settlement Class Member (SCM) up to $1800. The parties estimated that there were between 6 and 19 potential SCMs. In addition, $206,000 was paid as attorneys' fees, costs and expenses.

Dan Dalton - 01/31/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
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) Seminole County
Plaintiff Description All individuals who, w/in the statute of limitations, were subjected by Defendants to pre-First Appearance strip and/or visual body cavity searches and/or unreasonably detained at the John E. Polk Correctional Facility in Seminole County.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2007
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)
6:05-cv-00850-GAP-KRS (M.D. Fla.) 05/30/2007
JC-FL-0013-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint 06/09/2005
JC-FL-0013-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Class Action Complaint 08/02/2005
JC-FL-0013-0009 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [Re: Motion to Dismiss] 12/05/2005 (2005 WL 3288760 / 2005 U.S.Dist.LEXIS 34716) (M.D. Fla.)
JC-FL-0013-0011 PDF | WESTLAW| LEXIS | Detail
Second Amended Class Action Complaint 04/20/2006
JC-FL-0013-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Answer and Affirmative Defenses to Second Amended Class Action Complaint by Defendants Eslinger, Tidwell, and Diggs 05/04/2006
JC-FL-0013-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Motion for Preliminary Approval of Provisional Settlement of Class Action 12/29/2006
JC-FL-0013-0003 PDF | Detail
Order for Preliminary Approval of Settlement of Class Action 01/25/2007 (M.D. Fla.)
JC-FL-0013-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Agreed Order and Judgment of Dismissal 05/29/2007 (M.D. Fla.)
JC-FL-0013-0010 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Agreed Order and Judgment of Dismissal 05/30/2007 (M.D. Fla.)
JC-FL-0013-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Presnell, Gregory A. (M.D. Fla.)
JC-FL-0013-0004 | JC-FL-0013-0007 | JC-FL-0013-0010 | JC-FL-0013-0011 | JC-FL-0013-9000
Spaulding, Karla R. (M.D. Fla.) [Magistrate]
JC-FL-0013-9000
Monitors/Masters Spaulding, Debra S (Kentucky)
JC-FL-0013-0003
Plaintiff's Lawyers Berg, Randall Challen Jr. (Florida)
JC-FL-0013-0001 | JC-FL-0013-0003 | JC-FL-0013-0008 | JC-FL-0013-0009 | JC-FL-0013-0011 | JC-FL-0013-9000
Hanks, J. Larry (Florida)
JC-FL-0013-0001 | JC-FL-0013-0003 | JC-FL-0013-0008 | JC-FL-0013-0009 | JC-FL-0013-0011 | JC-FL-0013-9000
O'Brien, Cullin Avram (Florida)
JC-FL-0013-0008 | JC-FL-0013-0009 | JC-FL-0013-0011 | JC-FL-0013-9000
Siegel, Peter Michael (Florida)
JC-FL-0013-0001 | JC-FL-0013-0008 | JC-FL-0013-0009 | JC-FL-0013-0011 | JC-FL-0013-9000
Defendant's Lawyers DeBevoise, D. Andrew (Florida)
JC-FL-0013-0002 | JC-FL-0013-0003 | JC-FL-0013-0011 | JC-FL-0013-9000
Jewett, Henry W. II (Florida)
JC-FL-0013-0003 | JC-FL-0013-0011 | JC-FL-0013-9000
Poulton, Thomas W. (Florida)
JC-FL-0013-0002 | JC-FL-0013-0003 | JC-FL-0013-0011 | JC-FL-0013-9000
White, David T. III (Florida)
JC-FL-0013-0003 | JC-FL-0013-0011 | JC-FL-0013-9000
Other Lawyers Jackson, Thomas A. (Illinois)
JC-FL-0013-9000

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