The plaintiff, a child-support obligor who was arrested at her place of employment, patted down twice on the scene and again at the police station then strip searched and patted down twice more, brought this case against the state and county officials of Montgomery County, Maryland. She and her husband filed their complaint in 1990 in the United States District Court for the District of Maryland, seeking declaratory, injunctive and monetary relief.

On January 5, 1995, the Court (Judge Legg) ruled on motions for summary judgment and motions to dismiss. The Court held, among other things, that because the plaintiff was arrested for a civil violation and not a crime, there was no justification for any search but the first pat-down. However, the court ruled that the plaintiffs lacked standing to seek injunctive or declaratory relief, that the Eleventh Amendment precluded monetary relief from the State or County Defendants, and that because the Sheriff did not participate in the searches there was no supervisory liability. The sole state defendant remaining was the deputy who conducted the searches. He remained liable in his individual capacity. The county, however, remained partially liable and the case was remanded.

We have no further information about this case.

Denise Heberle - 04/17/2012


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