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Case Name Weber v. Dell JC-NY-0042
Docket / Court CIV-84-1041T ( W.D.N.Y. )
State/Territory New York
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
Plaintiffs filed this 42 U.S.C. § 1983 action against the City of Rochester in the United States District Court for the Western District of New York, Rochester Division. The plaintiffs, represented by private counsel, asked for damages for the violation of their Fourth Amendment rights. ... read more >
Plaintiffs filed this 42 U.S.C. § 1983 action against the City of Rochester in the United States District Court for the Western District of New York, Rochester Division. The plaintiffs, represented by private counsel, asked for damages for the violation of their Fourth Amendment rights. Specifically, they alleged that the blanket strip-search policy of the Monroe County Jail was unconstitutional.

On June 18, 1983, plaintiffs attended their daughter's wedding and hosted a party at their house afterwards. At approximately 3 A.M., the plaintiffs' son left the house with a friend to buy cigarettes. The two were assualted by a man with a baseball bet. Thye were not injured, but the car was badly damaged. They returned to the house, and Plaintiffs called the police. When help did not arrive, they called again, this time, claiming there had been a shooting, as they were informed by the dispatcher that only a shooting would resuly in an emergency response. The plaintiffs were arrested for filing a false report and resisting arrest, and taken to Monroe County Jail. Once there, because the holding cells were overfilled, one plaintiff was brought into the area for pretrial detainees. Once there, she was strip and cavity searched. The plaintiffs were acquitted of all charges.

On March 11, 1986, the Court (Judge Michael A. Telesca) granted summary judgment in favor of the county and defendants, finding that the blanket strip search policy satisfied reasonable suspicion. (630 F.Supp. 255) Plaintiffs appealed.

On November 6, 1986 the Court of Appeals for the Second Circuit (Judge Mahoney, Judge Meskill, Judge Oakes) issued an opinion written by Judge Mahoney (804 F.2d 796). The Court found that the blanket search policy did not satisfy reasonable suspicion, and that the Sheriff and County were not entitled to qualified immunity. The Court of Appeals reversed the District Court and ordered judgment for the Plaintiffs on the question of the Sheriff and County's liability.

We have no further information on the case.

Blase Kearney - 05/09/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
General
Over/Unlawful Detention
Personal injury
Strip search policy
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) City of Rochester
City of Rochester Police Department
County of Monroe
Plaintiff Description A female arrested for filing a false police report. Once at the Monroe County jail, she alleges she was strip-searched without reasonable suspicion of contraband.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration 1986 - n/a
Case Closing Year 1986
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)
No docket sheet currently in the collection
General Documents
Decision and Order 03/11/1986 (630 F.Supp. 255) (W.D.N.Y.)
JC-NY-0042-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 11/06/1986 (804 F.2d 796)
JC-NY-0042-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
[Cert. Denied] 06/26/1987 (483 U.S. 1020)
JC-NY-0042-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Mahoney, John Daniel (Second Circuit)
JC-NY-0042-0002
Meskill, Thomas Joseph (Second Circuit)
JC-NY-0042-0002
Oakes, James Lowell (D. Vt., Second Circuit)
JC-NY-0042-0002
Telesca, Michael Anthony (W.D.N.Y.)
JC-NY-0042-0001
Monitors/Masters None on record
Plaintiff's Lawyers Schwarz, Stephen G. (New York)
JC-NY-0042-0001 | JC-NY-0042-0002
Defendant's Lawyers Digaetano, Michele (New York)
JC-NY-0042-0001
Kash, Louis N. (New York)
JC-NY-0042-0001
Kermisch, Nira T. (New York)
JC-NY-0042-0001 | JC-NY-0042-0002
Miller, Charles H. III (New York)
JC-NY-0042-0002
Valenza, Charles R. (New York)
JC-NY-0042-0002
Other Lawyers Eggers, William D. (New York)
JC-NY-0042-0002
Emery, Richard D. (New York)
JC-NY-0042-0002
Khanwalker, Arundhati (New York)
JC-NY-0042-0002
Norris, Michael D. (New York)
JC-NY-0042-0002

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