Filed Date: June 17, 1985
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Plaintiffs in this 1985 strip search case were arrested and charged with prostitution by the Delaware County Pennsylvania Detective's Office and forced to undergo "gynecological examination/strip search[es]." They filed suit in the U.S. District Court for the Eastern District of Pennsylvania, claiming the searches were conducted without probable cause to believe that any contraband was hidden on their bodies. Additionally, plaintiffs claimed that the physician who conducted the searches removed their clothing, fondled them and inserted a speculum into the plaintiff[s'] vagina and anus.
On defendants' motion to dismiss, the court (Judge O'Neill) found that the prosecutor defendants had failed to recognize the difference between those prosecutorial activities which receive absolute immunity and those which receive qualified immunity, and so could not rule on the defense. The court also let stand the plaintiffs' claims that defendants were liable even if they did not personally participate in the examinations; all that is necesary to survive a motion to dismiss is the allegation that defendants had personal knowledge of and acquiesced in the alleged acts.
The court thus allowed plaintiffs' claims, except those that claimed tortious acts, and allowed amendment of claims that insufficiently plead existence of a policy or practice. We have no further information about this case.
Summary Authors
Denise Heberle (8/14/2012)
O'Neill, Thomas Newman Jr. (Pennsylvania)
Peruto, A. Charles Sr. (Pennsylvania)
Schwartz, Stacey L. (Pennsylvania)
D'Iorio, Ralph B. (Pennsylvania)
Pratter, Gene E.K. (Pennsylvania)
O'Neill, Thomas Newman Jr. (Pennsylvania)
Last updated March 19, 2024, 3:13 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Pennsylvania
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: June 17, 1985
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiffs were arrested and charged with prostitution by the Delaware County Detective's Office and were forced by defendants, against their wills, to undergo "gynecological examination/strip search[es]."
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Delaware County Detective's Office (Delaware), County
Delaware County (Delaware), County
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Unknown
Nature of Relief:
Source of Relief:
Issues
General:
Affected Sex or Gender:
Type of Facility: