University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Dobrowolskyj v. Jefferson County, Kentucky JC-KY-0009
Docket / Court Unknown ( W.D. Ky. )
State/Territory Kentucky
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
In 1987, Plaintiff filed a lawsuit against the Jefferson County Jail, its director, and the county in the United States District Court for the Western District of Kentucky. Plaintiff, represented by private counsel, alleged that Defendants' blanket policy of strip-searching pretrial detainees ... read more >
In 1987, Plaintiff filed a lawsuit against the Jefferson County Jail, its director, and the county in the United States District Court for the Western District of Kentucky. Plaintiff, represented by private counsel, alleged that Defendants' blanket policy of strip-searching pretrial detainees without reasonable suspicion was unconstitutional.

Plaintiff was arrested for menacing, a misdemeanor. Plaintiff waited in a holding cell in the Jefferson County Jail for his lawyer to post his bond. However, the cell filled up and Plaintiff was strip-searched and moved to general population.

The District Court (Judge Edward H. Johnstone) found that the constitutionality of Jefferson County's strip search policy had been settled in Tate v. Frey, No. 75-0031(A) (JC-KY-1) and denied Plaintiff's motions for declaratory judgment, summary judgment, and directed verdict. The jury found for Defendants. Plaintiff appealed.

On July 13, 1987, the Sixth Circuit Court of Appeals (Judges Danny J. Boggs, Pierce Lively and Anthony J. Celebrezze) affirmed. The Court held that Plaintiff's strip-search did not violate his Fourth Amendment rights because (1) he was arrested for menacing, a class B misdemeanor, (2) Plaintiff was not searched until he was about to be moved into general population, (3) Plaintiff's strip-search was visual and according to jail policy, (4) the District Court had approved Defendants' search policy in Tate v. Frey (JC-KY-1). Dobrowolskyj v. Jefferson County, KY, 823 F.2d 955 (6th Cir. 1987).

The Sixth Circuit Court of Appeals denied rehearing on August 17, 1987.

On February 22, 1988, the United States Supreme Court denied Plaintiff's petition for writ of certiorari. Dobrowolskyj v. Jefferson County, Kentucky, 484 U.S. 1059 (1988).

Shira Gordon - 03/17/2012


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Affected Gender
Male
General
Strip search policy
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) Jefferson County
Plaintiff Description Man arrested for 'menacing,' a misdemeanor charge, and strip-searched before being put into the general jail population to await a bond for his release.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1987
Case Ongoing No
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)
No docket sheet currently in the collection
General Documents
Opinion 07/13/1987 (823 F.2d 955)
JC-KY-0009-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
[Order Denying Cert.] 02/22/1988 (484 U.S. 1059)
JC-KY-0009-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Boggs, Danny Julian (Sixth Circuit)
JC-KY-0009-0001
Celebrezze, Anthony Joseph (Sixth Circuit)
JC-KY-0009-0001
Lively, Pierce (Sixth Circuit)
JC-KY-0009-0001
Monitors/Masters None on record
Plaintiff's Lawyers Radigan, William M. (Kentucky)
JC-KY-0009-0001
Defendant's Lawyers Dodd, Alan P. III (Kentucky)
JC-KY-0009-0001
McCartney, R. Allen (Kentucky)
JC-KY-0009-0001
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -