Case: Klein v. Lundmark

1:85-03430 | U.S. District Court for the Northern District of Illinois

Filed Date: Nov. 20, 1985

Closed Date: Oct. 17, 1989

Clearinghouse coding complete

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 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 jai…

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 the 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 plaintiff, $600 to another and $16,000 to the last.

We have no further information about this case.

Summary Authors

Denise Heberle (3/22/2012)

People


Judge(s)

Leighton, George Neves (Illinois)

Moran, James Byron (Illinois)

Judge(s)

Leighton, George Neves (Illinois)

Moran, James Byron (Illinois)

show all people

Documents in the Clearinghouse

Document

1:85-03430

Memorandum

Klein v. DuPage County

Oct. 11, 1985

Oct. 11, 1985

Order/Opinion

1985 WL 1985

1:85-03430

Memorandum and Order

Klein v. DuPage County

Nov. 19, 1986

Nov. 19, 1986

Order/Opinion

1986 WL 1986

1:85-03430

Memorandum and Order

Klein v. DuPage County

Feb. 5, 1988

Feb. 5, 1988

Order/Opinion

119 F.R.D. 119

1:85-03430

Memorandum and Order

Oct. 17, 1989

Oct. 17, 1989

Order/Opinion

1989 WL 1989

Docket

Last updated March 23, 2024, 3:11 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Nov. 20, 1985

Closing Date: Oct. 17, 1989

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Former inmates of DuPage County jail who brought charges seeking damages for being subjected to strip searches.

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

DuPage County Jail (DuPage), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Order Duration: 1989 - None

Issues

General:

Restraints : physical

Strip search policy

Affected Sex or Gender:

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run