Case: Giles v. Ackerman

4:81-04151 | U.S. District Court for the District of Idaho

Filed Date: Dec. 17, 1981

Closed Date: April 22, 1985

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Case Summary

In 1981, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the Bonneville County Sheriff, the County, and the County Commissioners, in the United States District Court for the District of Idaho. Plaintiff, represented by the American Civil Liberties Union, sought declaratory, injunctive and monetary relief, claiming that that she was strip searched in violation of her fourth amendment rights and that Defendants' blanket policy to strip search all people booked into the county jail for m…

In 1981, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the Bonneville County Sheriff, the County, and the County Commissioners, in the United States District Court for the District of Idaho. Plaintiff, represented by the American Civil Liberties Union, sought declaratory, injunctive and monetary relief, claiming that that she was strip searched in violation of her fourth amendment rights and that Defendants' blanket policy to strip search all people booked into the county jail for minor offenses was unconstitutional.

The parties stipulated that on October 26, 1981, a Sheriff's Deputy stopped Plaintiff for an expired vehicle registration. The officer arrested Plaintiff for an arrest warrant because of outstanding parking tickets. The officer did not frisk Plaintiff or inspect her purse. Plaintiff was taken to the Bonneville County Jail, where she was booked because she could not post bond. Plaintiff was strip-searched because jail policy required that all persons booked into the jail be strip-searched. Although the jail policy required a visual examination of body cavities, the officer only conducted a skin search of Plaintiff because the officer did not suspect that she was concealing contraband.

On February 9, 1983, the District Court (Chief Judge Marion J. Callister) entered summary judgment for Defendants. The Court held Defendant's strip search policy was constitutional in order to provide jail security. Furthermore, a jail policy giving officials discretion would result in claims of unequal treatment. Additionally, legislation taking effect on March 1, 1983 decriminalized many traffic offenses. Giles v. Ackerman, 559 F.Supp. 226 (D. Idaho 1983). Plaintiff appealed.

On November 2, 1984, the Ninth Circuit Court of Appeals (Chief Judge James R. Browning and Judges Procter Hug, Jr. and Thomas Tang) reversed and held: (1) arrestees for minor offenses can only be strip-searched if jail officials have reasonable suspicion that the arrestee is concealing contraband, and (2) Plaintiff's strip search was unconstitutional because there officers did not suspect that she was concealing contraband or threatening jail security. Plaintiff's offense was minor and did not relate to drugs or weapons, and she had no prior record. Furthermore, the Court found that there was minimal evidence of smuggling activity at the Bonneville County Jail. Additionally, the policy did not deter arrestees from carrying contraband because arrestees do not plan on being arrested. On appeal, Plaintiff asked that her claim for injunctive relief be dismissed. The Court remanded Plaintiff's claim for declaratory relief. Giles v. Ackerman, 746 F.2d 614 (9th Cir. 1984).

On April 22, 1985, the U.S. Supreme Court denied Defendants' petition for writ of certiorari. Ackerman v. Giles, 471 U.S. 1053 (1985).

Docket Number: 81-4151

Summary Authors

Shira Gordon (3/16/2012)

People


Judge(s)

Browning, James O. (New Mexico)

Callister, Marion Jones (Idaho)

Attorney for Plaintiff

Goins, Larry L. (Idaho)

Pevar, Stephen L. (Colorado)

Attorney for Defendant

Lund, Lynn J. (Utah)

Judge(s)

Browning, James O. (New Mexico)

Callister, Marion Jones (Idaho)

Attorney for Defendant

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Documents in the Clearinghouse

Document

4:81-04151

Opinion

Feb. 9, 1983

Feb. 9, 1983

Order/Opinion

559 F.Supp. 559

83-03751

Opinion

U.S. Court of Appeals for the Ninth Circuit

Nov. 2, 1984

Nov. 2, 1984

Order/Opinion

746 F.2d 746

84-01317

Opinion (denying cert. to U.S. Supreme Court)

Ackerman v. Giles

Supreme Court of the United States

April 22, 1985

April 22, 1985

Order/Opinion

471 U.S. 471

Docket

Last updated March 1, 2024, 3:08 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Idaho

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Dec. 17, 1981

Closing Date: April 22, 1985

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An Idaho woman who was arrested for a traffic violation, brought to jail and then subjected to a strip search.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Bonneville County Jail (Bonneville), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Issues

Affected Sex or Gender:

Female

Type of Facility:

Government-run

Policing:

Strip search policy (policing)