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Case Name Jane Roe v. Town of Highland, IN JC-IN-0016
Docket / Court 87 C 236 ( N.D. Ind. )
State/Territory Indiana
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
On April 17, 1987, the original plaintiff, Jane Roe, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Northern District of Indiana, challenging the Town of Highland's blanket policy of strip searching women detained for any offense, including traffic violations, ... read more >
On April 17, 1987, the original plaintiff, Jane Roe, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Northern District of Indiana, challenging the Town of Highland's blanket policy of strip searching women detained for any offense, including traffic violations, whether or not there was reasonable suspicion that the detainee possessed weapons or contraband. Plaintiff sought monetary damages and moved for class certification.

On September 2, 1988, the District Court (Judge Rudy Lozano) denied class certification on grounds that Plaintiff failed to substantiate the size of the class and the impracticality of joinder. Plaintiff Roe then settled her individual claim and the District Court entered final judgment on September 6, 1988. A procedural mess then ensued.

Twenty-nine days after entry of final judgment, Suzanne Morgan, represented by Roe's attorney, moved to intervene in the case in order to represent the plaintiff class for purposes of appealing the District Court's order denying class certification. On same day, Roe's attorney also filed a notice of appeal from the District Court's order on behalf of the putative plaintiff class.

The District Court did not rule on the intervention motion, and, in January 1989, Morgan sought but was denied intervention in the U.S. Court of Appeals for the Seventh Circuit. On February 7, 1989, at the request of the putative plaintiff class, the appeal was voluntarily dismissed with prejudice.

On February 6, 1989, the day before the appeal was dismissed by the Seventh Circuit, Morgan filed a motion requesting that the District Court (Judge Lozano) rule on her intervention motion. It did so on March 16, 1989 by denying the motion on the ground that there was no pending action for Morgan to join. Morgan appealed that ruling to the Seventh Circuit.

On August 14, 1990, the Seventh Circuit (Judge Kenneth Francis Ripple) affirmed the District Court's denial of Morgan's motion to intervene. The Seventh Circuit agreed with the District Court's conclusion that the voluntary dismissal of Morgan's first appeal resulted in the termination of the case such that there was no action in which she could subsequently intervene. Morgan was thus foreclosed from appealing the District Court's orders denying intervention and class certification. Roe v. Town of Highland, 909 F.2d 1097 (7th Cir.1990).

We have no further information on this case.

Dan Dalton - 02/17/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-basis
Sex discrimination
General
Search policies
Strip search policy
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Town of Highland
Plaintiff Description Women who were arrested and strip-searched by the Town of Highland's pursuant to its blanket policy of strip searching all women detained for any offense, including traffic tickets.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Mixed
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 1988
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
Opinion [Re: Motion to Intervene] 08/14/1990 (909 F.2d 1097)
JC-IN-0016-0001 PDF | WESTLAW| LEXIS | Detail
Judges Ripple, Kenneth Francis (Seventh Circuit)
JC-IN-0016-0001
Wood, Harlington Jr. (Seventh Circuit, S.D. Ill.)
JC-IN-0016-0001
Monitors/Masters None on record
Plaintiff's Lawyers Noel, Nona (Indiana)
JC-IN-0016-0001
Noel, Harlan M. (Indiana)
JC-IN-0016-0001
Susler, Janis M. (Illinois)
JC-IN-0016-0001
Taylor, G. Flint (Illinois)
JC-IN-0016-0001
Defendant's Lawyers Tauber, Rhett L. (Indiana)
JC-IN-0016-0001
Whitton, Linda S. (Indiana)
JC-IN-0016-0001
Woodward, R. Brian (Indiana)
JC-IN-0016-0001
Other Lawyers None on record

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