Case: Justice v. City of Peachtree

3:89-cv-00076 | U.S. District Court for the Northern District of Georgia

Filed Date: June 12, 1989

Closed Date: 1992

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Case Summary

On June 12, 1989, Plaintiffs, two juveniles, filed a lawsuit under 42 U.S.C. § 1983 against the City of Peachtree and two Peachtree police officers in the U.S. District Court in the Northern District of Georgia. Plaintiffs, represented by private counsel, asked for compensatory and punitive damages. One plaintiff claimed Defendant Officers violated his Fourth Amendment rights when they arrested him, searched him, and impounded and inventoried his car. The second plaintiff claimed Defendant Officers violated her Fourth Amendment rights when they arrested her and ordered that she be stripped searched. Plaintiffs claimed Peachtree City adopted a policy that caused the deprivation of their constitutional rights.

According to the 11th Circuit (Justice v. City of Peachtree City, 961 F.2d 188 (11th Cir. 1992)), Defendants arrested plaintiffs for loitering and truancy. Defendant patted down the male plaintiff and then brought both plaintiffs to the police station. Two female officers then strip-searched the female, fourteen-year-old plaintiff. The officers ordered her to strip down to her panties, found no contraband, and then released her. Her charges were later dismissed.

On May 25, 1990, Defendants moved for summary judgment.

On October 9, 1990, the District Court (Judge G. Ernest Tidwell) granted summary judgment to Defendants on all issues except whether Plaintiff suffered compensatory damages from her strip search. The Court found: (1) Defendants did not violate Plaintiffs' constitutional rights; (2) the City did not have a policy, custom, or ordinance that caused a deprivation of rights; (3) Defendant Officers were protected by qualified immunity; and (4) Defendant Officers' conduct was not callously indifferent to Plaintiffs' constitutional rights and therefore Defendants were not liable for punitive damages. Plaintiffs and Defendants appealed.

On May 14, 1992, the 11th Circuit Court of Appeals (Judges Joseph W. Hatchett, Joel F. Dubina and John C. Godbold) affirmed. The Court found: (1) Officers searched Plaintiff in the least intrusive manner because female officers searched her in a private room and did not search her body cavities. (2) Officers had reasonable suspicion to search Plaintiff because they suspected that drinking and drug activity regularly occurred where they arrested Plaintiffs; one Officer saw the male Plaintiff give the female Plaintiff something; Plaintiff appeared extremely nervous; Defendants thought that females were more likely than males to conceal contraband on their persons; Plaintiff's friend's mother suspected the friend was using drugs; and Defendants suspected Plaintiff might have contraband on her person. Justice v. City of Peachtree City, 961 F.2d 188 (11th Cir. 1992).

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Summary Authors

Shira Gordon (3/12/2012)

People

Judge(s)

Dubina, Joel Fredrick (Alabama)

Godbold, John Cooper (Louisiana)

Hatchett, Joseph Woodrow (Florida)

Attorney for Plaintiff

Bischoff, James Edward (Georgia)

Attorney for Defendant

Powell, Asa Mitchell Jr. (Georgia)

Judge(s)

Dubina, Joel Fredrick (Alabama)

Godbold, John Cooper (Louisiana)

Hatchett, Joseph Woodrow (Florida)

Tidwell, George Ernest (Georgia)

Attorney for Plaintiff

Bischoff, James Edward (Georgia)

Attorney for Defendant

Powell, Asa Mitchell Jr. (Georgia)

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Documents in the Clearinghouse

	Document
3:89-cv-00076	Docket (PACER)	June 22, 1992	June 22, 1992 Docket
91-08427	[Appellate Decision Affirming D.C.] Justice v. Peachtree City U.S. Court of Appeals for the Eleventh Circuit	May 14, 1992	May 14, 1992 Order/Opinion 961 F.2d 961

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Docket

Last updated March 23, 2024, 3:07 a.m.

ECF Number	Description	Date	Link Date / Link
4	Settlement certificate. (to judge) (sg) (Entered: 09/22/1989)	Sept. 22, 1989	Sept. 22, 1989
5	Certificate of service by pla. as to discovery filed. (sg) (Entered: 09/28/1989)	Sept. 28, 1989	Sept. 28, 1989
6	ORDER extending time gor discovery through 10/31/89 by Judge G. E. Tidwell . (sg) (Entered: 10/17/1989)	Oct. 13, 1989	Oct. 13, 1989
7	ORDER granting leave of absence for James E. Bischoff from 12/13/89 through 12/18/89 by Judge G. E. Tidwell . (sg) (Entered: 12/05/1989)	Dec. 1, 1989	Dec. 1, 1989
8	Joint MOTION by Chris Matson, Keith Dryden, City of Peachtree, Keith Simon, Charles Juctice for discovery , and for order by Get ext. discovery thru 2/28/89 with brief in support.cc (db) (Entered: 12/27/1989)	Dec. 21, 1989	Dec. 21, 1989
9	Notice to take deposition of Keith Dryden, Chris Matson,Mike Dupree, Sgt. Joyce Warren, Officer Kim Wagner, Ben Thomas, Jetta Bennett, Mike Rogers, Mayor Fred Brown, and Gerald Balas by plaintiff Keith Simon, plaintiff Charles Juctice (db) (Entered: 02/05/1990)	Jan. 24, 1990	Jan. 24, 1990
10	Joint MOTION by Charles Juctice, Keith Simon, City of Peachtree, Keith Dryden, Chris Matson to extend time to file to discovery through 4/30/90 with brief in support and proposed order. TO GET (db) (Entered: 03/03/1990)	Feb. 28, 1990	Feb. 28, 1990
11	ORDER GRANTING joint motion to extend time to file to discovery through 4/30/90 by Chris Matson, Keith Dryden, City of Peachtree, Keith Simon, Charles Juctice [10-1] by Judge G. E. Tidwell. cc (db) (Entered: 03/19/1990)	March 16, 1990	March 16, 1990
12	ORDER upon consent of ptys. allowing defts. to file S.J. motion through 5/26/90 and approved Judge G. E. Tidwell.cc (db) (Entered: 05/23/1990)	May 18, 1990	May 18, 1990
13	MOTION by defendant City of Peachtree, defendant Keith Dryden, defendant Chris Matson for summary judgment and statement of material facts with brief in support. (db) (Entered: 05/29/1990)	May 25, 1990	May 25, 1990
14	Notice of filing discovery by defendant City of Peachtree, defendant Keith Dryden, defendant Chris Matson . (db) (Entered: 05/29/1990)	May 25, 1990	May 25, 1990
	Deposition of Charles Justice, Keith Simon, James Robert Justice and Lazena Simon taken for plaintiff Keith Simon, defendant City of Peachtree, defendant Keith Dryden (db) (Entered: 05/31/1990)	May 31, 1990	May 31, 1990
15	CONSENT ORDER extending time to file response to defts' mtotion for summary judgment through 6/29/90 .CF (db) (Entered: 06/13/1990)	June 13, 1990	June 13, 1990
17	BRIEF by Keith Simon, Charles Juctice in opposition to motion for summary judgment and statement of material facts by City of Peachtree, Keith Dryden, Chris Matson [13-1] . (db) (Entered: 06/29/1990)	June 29, 1990	June 29, 1990
18	Notice of filing discovery with attachments by plaintiff Keith Simon, plaintiff Charles Juctice . (db) (Entered: 06/29/1990)	June 29, 1990	June 29, 1990
	Deposition of Mike Loper, Frederick Brown, Jr., Captain Mike Dupree - Vol I & II, Joyce Warren, Ollita Bennett, Officer Chris Matson, Keith Dryden, Sidney Payne, Michael Rogers, Jim Bisinger, and Benjamin Thomas taken for plaintiff Keith Simon, plaintiff Charles Juctice (db) (Entered: 06/29/1990)	June 29, 1990	June 29, 1990
	SUBMITTED to Judge G. E. Tidwell on motion for summary judgment and statement of material facts by City of Peachtree, Keith Dryden, Chris Matson [13-1] (db) (Entered: 07/02/1990)	July 2, 1990	July 2, 1990
19	RESPONSE by defendant Chris Matson, defendant Keith Dryden, defendant City of Peachtree to brief opposing motion for summary judgment by plaintiffs. (db) (Entered: 07/09/1990)	July 9, 1990	July 9, 1990
20	MOTION for leave of absence by Dorothy D. Wilcox for the period of 8/6-8/90 with brief in support. (db) (Entered: 07/23/1990)	July 18, 1990	July 18, 1990
21	ORDER GRANTING motion for leave of absence Dorothy D. Wilcox for 8/6 - 8/90 [20-1] by Judge G. E. Tidwell. cc (db) (Entered: 07/23/1990)	July 18, 1990	July 18, 1990
22	ORDER for leave of absence of James Edward Bischoff for the period of 10/7-15/90 apprv. by CRD. cc (db) (Entered: 10/02/1990)	Oct. 1, 1990	Oct. 1, 1990
23	ORDER GRANTING in PART and DENYING in part motion for summary judgment and statement of material facts by City of Peachtree, Keith Dryden, Chris Matson [13-1] by Judge G. E. Tidwell. cc (db) (Entered: 10/09/1990)	Oct. 9, 1990	Oct. 9, 1990
24	MOTION by plaintiff Keith Simon, plaintiff Charles Juctice for reconsideration order [23-1] with brief in support (db) (Entered: 10/23/1990)	Oct. 22, 1990	Oct. 22, 1990
25	MOTION by defendant Chris Matson, defendant Keith Dryden, defendant City of Peachtree for reconsideration of court order of 10/9/90 with brief in support. (db) (Entered: 10/23/1990)	Oct. 22, 1990	Oct. 22, 1990
	SUBMITTED to Judge G. E. Tidwell on motion for reconsideration by City of Peachtree, Keith Dryden, Chris Matson [25-1], motion for reconsideration order [23-1] by Charles Juctice, Keith Simon [24-1] (db) (Entered: 11/13/1990)	Nov. 13, 1990	Nov. 13, 1990
26	ORDER DENYING motion for reconsideration by Chris Matson, Keith Dryden, City of Peachtree [25-1], DENYING motion for reconsideration order [23-1] by Keith Simon, Charles Juctice [24-1] by Judge G. E. Tidwell (gjd) (Entered: 01/07/1991)	Jan. 7, 1991	Jan. 7, 1991
27	Notice of appeal and certified copy of docket to U.S. Court of Appeals by plaintiffs . FEE PD./appeal info to counsel (db) (Entered: 01/31/1991)	Jan. 31, 1991	Jan. 31, 1991
	Appeal [0-0] acknowledgement. USCA dkt no. 91-8093. (db) (Entered: 02/20/1991)	Feb. 19, 1991	Feb. 19, 1991
	Proposed pre-trial order received Note: signed by plft. only . (db) (Entered: 03/04/1991)	March 4, 1991	March 4, 1991
28	MOTION by defendant Chris Matson, defendant Keith Dryden, defendant City of Peachtree to dismiss with brief in support. (db) (Entered: 03/05/1991)	March 5, 1991	March 5, 1991
29	Certified copy of ORDER of the U.S. Court of Appeals DISMISSING Appeal [27-1] as to party Charles Juctice upon motion by plft. Justice. (db) (Entered: 03/06/1991)	March 6, 1991	March 6, 1991
30	MOTION by defendant Chris Matson, defendant Keith Dryden to substitute depostion testimony of Abram Winters at trial of case with brief in support. (db) (Entered: 03/13/1991)	March 13, 1991	March 13, 1991
31	MOTION by plaintiff Charles Juctice to amend proposed pretrial order [0-0] with brief in support. (db) (Entered: 03/18/1991)	March 15, 1991	March 15, 1991
	HEARING HELD: on motion to substitute by Keith Dryden, Chris Matson [30-1] before Judge G. E. Tidwell the court orally allowed the motion . (db) (Entered: 03/19/1991)	March 15, 1991	March 15, 1991
	Proposed pre-trial order received from defendant Chris Matson, defendant Keith Dryden, defendant City of Peachtree . (db) (Entered: 03/20/1991)	March 20, 1991	March 20, 1991
	Non-jury trial: Pretrial order filed. Plaintiff's proposed findings of fact, filed. Defendants' proposed findings of fact, filed. Deposition of Abram Winters, filed. Court case under advisement. (db) (Entered: 04/18/1991)	March 26, 1991	March 26, 1991
32	ORDER re: Non-Jury trial for judgment for all defendants by Judge G. E. Tidwell. cc (db) (Entered: 04/18/1991)	April 18, 1991	April 18, 1991
33	JUDGMENT ENTERED on complaint [1-1] for defendant Chris Matson, defendant Keith Dryden, defendant City of Peachtree against plaintiff Keith Simon, plaintiff Charles Juctice. cc (db) (Entered: 04/18/1991)	April 18, 1991	April 18, 1991
34	NOTICE OF APPEAL from judgment [33-1], order for judgment [32-1] by plaintiff Keith Simon, plaintiff Charles Juctice. FEE PAID - c dkt/order, jgm. USCA 11 (db) (Entered: 05/15/1991)	May 15, 1991	May 15, 1991
	Court of Appeals appeal by Charles Juctice, Keith Simon [34-1] acknowledgement. USCA dkt no. 91-8427 (db) (Entered: 05/22/1991)	May 22, 1991	May 22, 1991
	TRANSCRIPT filed for dates of 3/26/91. (db) (Entered: 07/18/1991)	July 14, 1991	July 14, 1991
	FORTHWITH LETTER re: certificate of readiness from U.S. Court of Appeals appeal by Charles Juctice, Keith Simon [34-1] (db) (Entered: 07/16/1991)	July 16, 1991	July 16, 1991
35	CERTIFICATE OF READINESS OF RECORD ON APPEAL with certified copy of docket mailed to USCA . (jfe) (Entered: 08/05/1991)	Aug. 5, 1991	Aug. 5, 1991
	FORTHWITH LETTER from U.S. Court of Appeals regarding transmission of record. Record mailed 11/14/91 (db) (Entered: 11/14/1991)	Nov. 14, 1991	Nov. 14, 1991
	Certified and TRANSMITTED RECORD to U.S. Court of Appeals appeal by Keith Simon, Charles Juctice [34-1] . (Ack. vols. I,II, III - 11/18/91) (db) (Entered: 11/26/1991)	Nov. 14, 1991	Nov. 14, 1991
36	Certified copy of JUDGMENT OF USCA AFFIRMING judgment of this court. Court of Appeals appeal [34-1] cc (db) (Entered: 06/08/1992)	June 8, 1992	June 8, 1992
	Record on appeal returned from USCA 11, 1 Vol. pleadings, 17 vols. depo., 1 transcript, 2 defts. exhs.. (db) (Entered: 06/22/1992)	June 22, 1992	June 22, 1992

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Case Details

State / Territory: Georgia

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: June 12, 1989

Closing Date: 1992

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Juveniles arrested for loitering and truancy were subjected to strip search at police station after officers thought they saw one hand 'something' to his friend immediately before the two were approached.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Peachtree City, GA (Fayette), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents: