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Case Name Creamer v. Raffety JC-AZ-0006
Docket / Court 2 CA-CIV 4981 ( State Court )
State/Territory Arizona
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
In 1984, a person arrested and imprisoned for DWI filed a lawsuit under 42 U.S.C. §1983 in Arizona state court alleging claims of false arrest, false imprisonment, malicious prosecution and invasion of privacy resulting from being strip searched. Plaintiff claimed that the City of Wilcox's ... read more >
In 1984, a person arrested and imprisoned for DWI filed a lawsuit under 42 U.S.C. §1983 in Arizona state court alleging claims of false arrest, false imprisonment, malicious prosecution and invasion of privacy resulting from being strip searched. Plaintiff claimed that the City of Wilcox's blanket policy requiring that all prisoners be subjected to a search and body cavity search regardless what offense they were charged with was unreasonable.

The Superior Court entered summary judgment in favor of defendants on Plaintiff's malicious prosecution claim and entered a directed verdict on the other counts.

Plaintiff appealed to the Arizona Supreme Court. The Court affirmed the lower court's grant of summary judgment on the malicious prosecution and false arrest claims, but reversed the decision on the due process (right to bail) and "cruel and unusual punishment" claims, and held that the blanket strip search policy was an unreasonably burdensome invasion of the arrestee's right to privacy.

Shadi Peterman - 06/23/2007


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Strip search policy
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) City of Willcox, AZ
Plaintiff Description Male individual was strip searched by City of Wilcox police prior to being placed in holding cell.
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 Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1987
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 of Arizona Court of Appeals 03/26/1985 (699 P.2d 908)
JC-AZ-0006-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Petition for Writ of Certiorari 07/18/1987 (1987 WL 955062)
JC-AZ-0006-0001 PDF | WESTLAW | Detail
Denial of Petition for Writ of Certiorari 10/05/1987 (484 U.S. 850)
JC-AZ-0006-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Birdsall, Ben (State Appellate Court)
JC-AZ-0006-0002
Hathaway, James D. (State Appellate Court)
JC-AZ-0006-0002
Howard, Joseph (State Appellate Court)
JC-AZ-0006-0002
Monitors/Masters None on record
Plaintiff's Lawyers Behrens, Tony K. (Arizona)
JC-AZ-0006-0002
Rudovsky, David (Pennsylvania)
JC-AZ-0006-0001
Defendant's Lawyers Clark, Tom R. (Arizona)
JC-AZ-0006-0002
Hobson, K. Alexander (Arizona)
JC-AZ-0006-0002
Other Lawyers None on record

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