University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Stanley v. Henson JC-IN-0009
Docket / Court TH 00-53-C-T/H ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
This case was filed in the United States District Court for the Southern District of Indiana in 2002 by a woman who claimed her Fourth Amendment rights were violated by the local police department when she was arrested and required to change into a jail uniform in the presence of a female officer. ... read more >
This case was filed in the United States District Court for the Southern District of Indiana in 2002 by a woman who claimed her Fourth Amendment rights were violated by the local police department when she was arrested and required to change into a jail uniform in the presence of a female officer. She was required to remove her street clothing, but for her underpants, and to dress in the uniform while the officer observed. At no time did the officer touch the plaintiff, or conduct any kind of visual inspection or cavity search.

The District Court (Judge John Daniel Tinder) granted summary judgment in favor of the defendants and the arrestee appealed. Stanley v. Henson, 2002 WL 1821793.

On July 28, 2003, the United States Court of Appeals for the 7th Circuit affirmed the lower court decision, finding that the clothing exchange procedure was reasonable and did not amount to an overly intrusive strip search. Stanley v. Hanson, 337 F.3d 961 (7th Cir. 2003).

Denise Heberle - 04/09/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
General
Strip search policy
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) City of Terre Haute
Vigo County Sheriff’s Department
Plaintiff Description Female, age 32, was arrested at her home by the Terre Haute, Indiana Police on 1/30/98. She was charged with battery against a police officer and with resisting arrest and before admission to jail had to change clothes in front of a female officer.
Indexed Lawyer Organizations None on record
Class action status sought Unknown
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 2003
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)
TH00-C-0053 -T/H (S.D. Ind.) 09/05/2003
JC-IN-0009-9000.pdf | Detail
General Documents
Report and Recommendation on Cross-Motions for Summary Judgment 03/22/2002 (2002 U.S.Dist.LEXIS 17063) (S.D. Ind.)
JC-IN-0009-0003.pdf | LEXIS | Detail
Document Source: LexisNexis
Entry Denying Plaintiffs' Objection to Magistrate Judge's Report and Recommendation on Cross-Motions for Summary Judgment 06/05/2002 (2002 WL 1821793 / 2002 U.S.Dist.LEXIS 14710) (S.D. Ind.)
JC-IN-0009-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Opinion 07/28/2003 (337 F.3d 961)
JC-IN-0009-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Easterbrook, Frank Hoover (Seventh Circuit)
JC-IN-0009-0001
Hussmann, William G. Jr. (S.D. Ind.) [Magistrate]
JC-IN-0009-0003
Kanne, Michael Stephen (N.D. Ind., Seventh Circuit)
JC-IN-0009-0001
Manion, Daniel Anthony (Seventh Circuit)
JC-IN-0009-0001
Tinder, John Daniel (S.D. Ind., Seventh Circuit)
JC-IN-0009-0002 | JC-IN-0009-9000
Monitors/Masters None on record
Plaintiff's Lawyers Moores, Marilyn A (Indiana)
JC-IN-0009-0001 | JC-IN-0009-0002 | JC-IN-0009-9000
Defendant's Lawyers McKee, Craig M (Indiana)
JC-IN-0009-0001 | JC-IN-0009-0002 | JC-IN-0009-0003 | JC-IN-0009-9000
Pollack, Caren (Indiana)
JC-IN-0009-0002 | JC-IN-0009-0003 | JC-IN-0009-9000
Pollack, Mandell (Indiana)
JC-IN-0009-0002 | JC-IN-0009-0003
Other Lawyers None on record

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