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Case Name Klein v. Lundmark JC-IL-0022
Docket / Court 85-3430 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
In the early 1980s, pretrial detainees held on felony charges at the DuPage Illinois County Jail filed a pro se action that was eventually amended by private counsel to contain six counts against the jail for unlawful strip searches and inadequate health care, including the chaining of one inmate ... read more >
In the early 1980s, pretrial detainees held on felony charges at the DuPage Illinois County Jail filed a pro se action that was eventually amended by private counsel to contain six counts against the jail for unlawful strip searches and inadequate health care, including the chaining of one inmate to his infirmary bed as he healed from a gunshot wound to the head. The Plaintiffs filed their case in the United States District Court for the Northern District of Illinois against the County, the jail superintendent, the sheriff, and the chief deputy. The strip search count (Count I) was filed as a putative class action.

On October 11, 1985, the district court (Judge Leighton) dismissed the complaint in its entirety, with leave to amend. Plaintiffs filed an amended complaint seeking damages only.

On February 5, 1988, the Court (Judge Moran) denied Plaintiffs' Motion to Certify the Count I class. On October 17, 1989, the Court (Judge Moran) held that the complained of routine cavity searches conducted on detainees departing the jail to go to court were an excessive response amounting to punishment; that searches upon return were not unreasonable, and that infirmary shackling was likewise effectively punishment. He awarded damages in the amount of $50 per search, $200 per day of shackling, $41,000 to one plainitff, $600 to another and $16,000 to the last.

We have no further information about this case.

Denise Heberle - 03/22/2012


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Restraints : physical
Strip search policy
Medical/Mental Health
Medical care, general
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) DuPage County Jail
Plaintiff Description Former inmates of DuPage County jail who brought charges seeking damages for being subjected to strip searches.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1989 - n/a
Case Closing Year 1989
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
Memorandum 10/11/1985 (1985 WL 3087) (N.D. Ill.)
JC-IL-0022-0003.pdf | WESTLAW | Detail
Memorandum and Order 11/19/1986 (1986 WL 13537 / 1986 U.S.Dist.LEXIS 17469) (N.D. Ill.)
JC-IL-0022-0002.pdf | WESTLAW| LEXIS | Detail
Memorandum and Order 02/05/1988 (119 F.R.D. 29) (N.D. Ill.)
JC-IL-0022-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum and Order 10/17/1989 (1989 WL 134516) (N.D. Ill.)
JC-IL-0022-0004.pdf | WESTLAW | Detail
Judges Leighton, George Neves (N.D. Ill.)
JC-IL-0022-0003
Moran, James Byron (N.D. Ill.)
JC-IL-0022-0001 | JC-IL-0022-0002 | JC-IL-0022-0004
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers None on record
Other Lawyers None on record

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