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Civil Rights Litigation Clearinghouse
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Case Name Welch v. Rice JC-FL-0017
Docket / Court Docket No. Not Available ( State Court )
State/Territory Florida
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
This case was brought in Florida state court on June 17, 1992, by a woman who was strip searched after being arrested for a traffic violation. According to the appellate court opinion, the only document available for this case, plaintiff failed to appear for her arraignment on the traffic charge ... read more >
This case was brought in Florida state court on June 17, 1992, by a woman who was strip searched after being arrested for a traffic violation. According to the appellate court opinion, the only document available for this case, plaintiff failed to appear for her arraignment on the traffic charge and was later picked up for another traffic violation and for "indirect criminal contempt of court." The trial court entered final summary judgment against the plaintiff and she appealed.

On April 29, 1994, the District Court of Appeal of Florida, Second District, in a per curiam decision, reversed the trial court and remanded for futher proceedings. The appellate court determined that even if the criminal contempt was not a "traffic, regulatory, or misdemeanor offense" for which strip searches are prohibited, plaintiff's claim that the defendant performed the search without written authorization of a supervising officer was sufficient to establish a violation.

We have no further information about this case.

Denise Heberle - 03/20/2012


compress summary

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Issues and Causes of Action
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Issues
Affected Gender
Female
General
Search policies
Strip search policy
Type of Facility
Government-run
Causes of Action State law
Defendant(s) Pinellas County
Plaintiff Description Plaintiff Doris Welch was arrested when stopped for a traffic violation because of an outstanding warrant for her arrest due to her lack of certificate for her cat. She was strip searched upon arrival at the jail.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
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
Appellate Decision [District Court of Appeal of Florida, Second District] 04/29/1994 (636 So.2d 172)
JC-FL-0017-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Altenbernd, Chris W. (State Appellate Court)
JC-FL-0017-0001
Patterson, David Fred (State Appellate Court)
JC-FL-0017-0001
Quince, Peggy A. (State Appellate Court, State Supreme Court)
JC-FL-0017-0001
Monitors/Masters None on record
Plaintiff's Lawyers Henninger, John A. (Florida)
JC-FL-0017-0001
Defendant's Lawyers Jagger, Robert F. (Florida)
JC-FL-0017-0001
Other Lawyers None on record

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