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Case Name Noon v. Sailor JC-IN-0017
Docket / Court NA99-C-0056 -H/G ( S.D. Ind. )
State/Territory Indiana
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
On April 7, 1999, Valerie L. Noon and 102 other named plaintiffs filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Southern District of Indiana, challenging the constitutionality of the Harrison County Sheriff's blanket policy of strip searching every pre-trial ... read more >
On April 7, 1999, Valerie L. Noon and 102 other named plaintiffs filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Southern District of Indiana, challenging the constitutionality of the Harrison County Sheriff's blanket policy of strip searching every pre-trial detainee that entered the Harrison County Jail, regardless of the offense charged and regardless of whether there was any reasonable cause to believe the detainee was carrying weapons or contraband. Plaintiffs claimed that the policy was unconstitutional and sought damages and class certification. Plaintiffs proposed that the class be defined as follows:

All persons arrested for offenses not greater than a misdemeanor, with the exclusion of offenses involving misdemeanor possession of controlled substances, and with the inclusion of the offense of Operating While Intoxicated, as a class D Felony, between April 7th, 1997 to April 7th, 1999 and that were required by the Harrison County Jail to remove their clothing for visual inspection of all or part of their exposed bodies, unless [there] existed reasonable cause to believe they were carrying concealed weapons or contraband.

The District Court (Judge David Frank Hamilton) denied class certification, noting that, while the case would operate as a class action in some ways due to the large number of plaintiffs, the proposed class was unmanageable. Noon v. Sailor, 2000 WL 684274 (S.D.Ind. Mar 14, 2000), reconsideration denied by Noon v. Sailor, 2000 WL 684219 (S.D.Ind. Apr 17, 2000).

A settlement conference was held on June 9, 2000 before Magistrate Judge Godrich. While it is not clear from the docket whether the case settled on the day of the conference, we do know that a settlement was eventually reached. The District Court (Judge Hamilton) approved an agreed order relating to the settlement on August 16, 2000. The settlement papers were not available and the terms are therefore unknown.

Dan Dalton - 02/17/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
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) Sheriff's Department of Harrison County
Plaintiff Description Valerie L. Noon and 102 named plaintiffs who were strip searched when they were detained in the Harrison County Jail.
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 Unknown
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2001
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)
NA99-C-0056 -H/G (S.D. Ind.) 06/08/2005
JC-IN-0017-9000.pdf | Detail
General Documents
Entry on Plaintiffs' Motion for Class Certification 03/14/2000 (2000 WL 684274 / 2000 U.S.Dist.LEXIS 741) (S.D. Ind.)
JC-IN-0017-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Entry on Plaintiffs' Motion to Reconsider Denial of Class Certification 04/17/2000 (2000 WL 684219 / 2000 U.S.Dist.LEXIS 750) (S.D. Ind.)
JC-IN-0017-0001.pdf | WESTLAW| LEXIS | Detail
Judges Godich, John Paul (S.D. Ind.) [Magistrate]
JC-IN-0017-9000
Hamilton, David Frank (Seventh Circuit, S.D. Ind.)
JC-IN-0017-0001 | JC-IN-0017-0002 | JC-IN-0017-9000
Monitors/Masters None on record
Plaintiff's Lawyers Betteau, Bart M. (Indiana)
JC-IN-0017-9000
Brightwell, Bruce A (Kentucky)
JC-IN-0017-9000
Defendant's Lawyers Liptak, Edward J. (Indiana)
JC-IN-0017-9000
Prewitt, Tracy S. (Kentucky)
JC-IN-0017-9000
Whalin, Dave (Kentucky)
JC-IN-0017-9000
Other Lawyers None on record

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