University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Hicks v. Moore JC-GA-0027
Docket / Court 2:02-cv-00036-WCO ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
This case was brought on March 15, 2002 in the United States District Court for the Northern District of Georgia by a woman who was strip searched after being arrested as the chief aggressor in a domestic dispute with her estranged husband. Plaintiff, represented by private counsel, plead federal ... read more >
This case was brought on March 15, 2002 in the United States District Court for the Northern District of Georgia by a woman who was strip searched after being arrested as the chief aggressor in a domestic dispute with her estranged husband. Plaintiff, represented by private counsel, plead federal and state law claims. She sought damages for the search and for the conduct of a male officer who took her fingerprints in such a way as to make unecessary contact with her breasts and pelvis.

The District Court (Judge William C. O'Kelley, Jr.) denied the defendants' assertion of immunity and the defendants took an interlocutory appeal.

The United States Court of Appeals for the Eleventh Circuit (Chief Judge Edmonson) held that the individual officer was not entitled to immunity and that further fact development was called for, and that although a blanket strip search policy is not constitutional, each search must be examined on its own facts. Here, the officers claimed to have reasonably believed that plaintiff was concealing a weapon.

The decision was thus reversed in part, affirmed in part, and remanded.

According to the docket, the case was voluntarily dismissed, though we have no information about a settlement.

We have no further information about this case.

Denise Heberle - 03/20/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
General
Assault/abuse by staff
Strip search policy
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. ยง 1983
Defendant(s) Habersham County
Plaintiff Description Female individual arrested for domestic dispute was subjected to strip-search and tortious fingerprinting prior to being placed into general population in Habersham County Jail.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2005
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)
2:02-cv-00036-WCO (N.D. Ga.) 10/24/2005
JC-GA-0027-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order [Regarding Defendants' Motion for Summary Judgment] 06/23/2003 (N.D. Ga.)
JC-GA-0027-0002.pdf | Detail
Appellate Decision 08/31/2005 (422 F.3d 1246)
JC-GA-0027-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Consent Order of Dismissal with Prejudice 10/24/2005 (N.D. Ga.)
JC-GA-0027-0003.pdf | Detail
Judges Edenfield, Berry Avant (S.D. Ga.)
JC-GA-0027-0004
Edmondson, James Larry (Eleventh Circuit)
JC-GA-0027-0004
Hull, Frank M. (Eleventh Circuit, N.D. Ga.)
JC-GA-0027-0004
O'Kelley, William Clark (FISC, N.D. Ga.)
JC-GA-0027-0002 | JC-GA-0027-0003 | JC-GA-0027-9000
Monitors/Masters None on record
Plaintiff's Lawyers Delius, Scott Dewitt (Georgia)
JC-GA-0027-0004 | JC-GA-0027-9000
Maguire, Joseph Matthew Jr. (Georgia)
JC-GA-0027-0003 | JC-GA-0027-0004 | JC-GA-0027-9000
Defendant's Lawyers Williams, Terry Eugene (Georgia)
JC-GA-0027-0003 | JC-GA-0027-0004 | JC-GA-0027-9000
Other Lawyers None on record

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