On November 12, 1980, two arrestees filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Eastern District of Virginia in order to challenge the strip search policy of the Arlington County Sheriff's Office. The two named plaintiffs had been arrested for petty crimes, one for playing a stereo too loudly, the other for allegedly writing obscene words on a traffic ticket. Following their arrests, each was strip-searched pursuant to the Sheriff's Office policy of conducting strip searches of all detainees brought to the Arlington County Detention Center, regardless of the severity of the alleged offense or the anticipated duration of detention. Plaintiffs alleged that the searches violated their constitutional rights and requested compensatory and injunctive relief, as well as class certification.

On December 31, 1980, the Sheriff's Office announced that it was temporarily stopping its blanket strip search policy. Subsequently, in April 1981, the Virginia General Assembly passed a law which severely restricted the circumstances under which strip searches would be permitted.

Plaintiffs then moved to voluntarily dismiss their case, citing that their objective, of ending the unconstitutional strip-search practice, had been achieved. They moved for and were awarded attorneys' fees in the amount of $ 16,368.07 by District Judge Albert V. Bryan, Jr. The Arlington County Sheriff appealed the District Court's award of attorneys' fees, but the Fourth Circuit Court of Appeals affirmed the award. DeMier v. Gondles, 676 F.2d 92 (4th Cir. 1982).

Dan Dalton - 02/12/2008


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