Draper v. Walsh | Civil Rights Litigation Clearinghouse

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Case Name	Draper v. Walsh	JC-OK-0006
Docket / Court	5:91-cv-01104-C ( W.D. Okla. )
State/Territory	Oklahoma
Case Type(s)	Jail Conditions
Special Collection	Strip Search Cases
Case Summary	A pre-trial detainee strip-searched in the county jail after having been arrested for public intoxication filed this case in 1991 in the U.S. District Court for the Western District of Oklahoma. On the defendants' motion for summary judgment, the District Court (Judge Cauthron) held that the County' ... read more > A pre-trial detainee strip-searched in the county jail after having been arrested for public intoxication filed this case in 1991 in the U.S. District Court for the Western District of Oklahoma. On the defendants' motion for summary judgment, the District Court (Judge Cauthron) held that the County's policy of subjecting detainees arrested for traffic violations or other minor offenses to visual strip search at the discretion of police was unconstitutional on its face, making qualified immunity defense unavailable. The case concluded in a judgment for the plaintiff in the amount of $20,000. Denise Heberle - 08/07/2012 compress summary

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Issues and Causes of Action

Issues

Affected Gender

Female

Constitutional Clause

Unreasonable search and seizure

General

Search policies

Strip search policy

Type of Facility

Government-run

Causes of Action

42 U.S.C. § 1983

Case Details


Defendant(s)	Cleveland County Sheriff of Cleveland County
Plaintiff Description	While waiting to post bond for release upon detention for public intoxication, the detainee was strip-searched by female guards pursuant to the detention center's indiscriminate policy of searching all prisoners.
Class action status sought	No
Class action status granted	No
Filed Pro Se	No
Prevailing Party	Plaintiff
Public Int. Lawyer	No
Nature of Relief	Damages
Source of Relief	Litigation
Order Duration	1992 - n/a
Filing Year	1991
Case Closing Year	1992
Case Ongoing	No

Additional Resources


	Jail Strip-Search Cases: Patterns and Participants http://law.duke.edu/journals/lcp Date: Spring 2008 By: Margo Schlanger (Washington University in St. Louis Faculty) Citation: 71 Law & Contemp. Problems 65 (2008) [ Detail ] [ External Link ]

Documents

Docket(s)

5:91-cv-01104-C (W.D. Okla.)
JC-OK-0006-9000.pdf | Detail
Date: 05/07/1992
Source: PACER [Public Access to Court Electronic Records]

General Documents

Memorandum Opinion and Order (790 F.Supp. 1553) (W.D. Okla.)

JC-OK-0006-0001.pdf | WESTLAW| LEXIS | Detail
Date: 12/17/1991
Source: Google Scholar

People


Judges	Cauthron, Robin J. (W.D. Okla.) JC-OK-0006-0001 \| JC-OK-0006-9000
Plaintiff's Lawyers	McDonald, Norman P. (Oklahoma) JC-OK-0006-0001 \| JC-OK-0006-9000
Defendant's Lawyers	Gaston , Reginald D. (Oklahoma) JC-OK-0006-0001 \| JC-OK-0006-9000
	Jacobsen, John M. (Oklahoma) JC-OK-0006-0001 \| JC-OK-0006-9000
	McGraw, Jamie J. (Oklahoma) JC-OK-0006-0001 \| JC-OK-0006-9000