University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Richerson v. Fayette County JC-KY-0011
Docket / Court 5:94-cv-00337-KSF ( E.D. Ky. )
State/Territory Kentucky
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
On September 2, 1994, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the Lexington Fayette Urban County Government, the Fayette County Detention Center, the Director of the Fayette Detention Center, and a Fayette Detention Center officer in the United States District Court for the ... read more >
On September 2, 1994, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the Lexington Fayette Urban County Government, the Fayette County Detention Center, the Director of the Fayette Detention Center, and a Fayette Detention Center officer in the United States District Court for the Eastern District of Kentucky. Plaintiff, represented by private counsel, alleged his constitutional rights were violated when Defendants strip-searched him four times. Plaintiff alleged the strip-searches were unreasonable, violated his privacy and equal protection rights, and were cruel and unusual punishment, in violation of the Fourth, Fifth, Ninth, and Fourteenth Amendments. Plaintiff additionally alleged state law claims of negligence and intentional infliction of emotional distress. Plaintiff later dropped his claims relating to three of the strip searches.

The parties stipulated that on September 7, 1993, Plaintiff was taken to the Fayette District Court for arraignment. Plaintiff was strip-searched according to Defendants' policy to strip-search all pretrial detainees after arraignment who would be remaining in their facility. Plaintiff alleged that strip-searching him without individualized reasonable suspicion violated his rights and that strip-searching detainees after arraignments was unjustified because officers maintained control over detainees during the arraignment process.

On September 30, 1996, the District Court (Judge Karl S. Forester) granted summary judgment for Defendants on Plaintiff's federal claims and declined jurisdiction over Plaintiff's remaining state law clams. The Court held that Defendant's policy of strip-searching pretrial detainees, even those held for minor, nonviolent traffic offenses, upon their return from the courtroom to the general population of the detention center was reasonable. The Court found that (1) Defendant's policy of searching detainees who were arraigned and then returned to the detention center was sufficiently narrow, and was distinguishable from searches as part of initial booking procedures; and (2) there were sufficient opportunities for detainees to get contraband during the arraignments to justify Defendant's strip-search policy. Richerson v. Lexington Fayette Urban Cnty. Gov't, 958 F.Supp. 299 (E.D.Ky. 1996).

Docket: 94-337.

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 State law
42 U.S.C. § 1983
Defendant(s) Fayette County Detention Center
Plaintiff Description Plaintiff was subjected to a strip search in 1995 connection with his arraignment on a non-violent traffic offense in the Fayette District Court.
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 1996
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)
5:94-cv-00337-KSF (E.D. Ky.) 03/15/2002
JC-KY-0011-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion and Order 09/30/1996 (958 F.Supp. 299) (E.D. Ky.)
JC-KY-0011-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Forester, Karl Spillman (E.D. Ky.)
JC-KY-0011-0001 | JC-KY-0011-9000
Monitors/Masters None on record
Plaintiff's Lawyers Belzley, Gregory A. (Kentucky)
JC-KY-0011-9000
Bolzle, Gregory A. (Kentucky)
JC-KY-0011-0001
Gray, Mark K. (Kentucky)
JC-KY-0011-0001 | JC-KY-0011-9000
Norris, Christina R. Logsdon (Kentucky)
JC-KY-0011-0001 | JC-KY-0011-9000
Defendant's Lawyers Baker, Michael H. (Kentucky)
JC-KY-0011-0001 | JC-KY-0011-9000
Cornette, Tanya Robin (Kentucky)
JC-KY-0011-9000
Gardner, Edward W. (Kentucky)
JC-KY-0011-0001 | JC-KY-0011-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -