Case: Kidd v. Gowen

1:90-cv-00482 | U.S. District Court for the District of New Hampshire

Filed Date: Oct. 25, 1990

Closed Date: 1994

Clearinghouse coding complete

Case Summary

On October 25, 1990, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 and New Hampshire law against the Chief of the Durham Police Department, two police sergeants, one police officer, the supervisor of the Strafford County House of Correction, two correctional sergeants, and one correctional officer in the United States District Court for the District of New Hampshire. Plaintiff, represented by private counsel, alleged Defendants strip-searched her in violation of the Fourth Amendment.On Octo…

On October 25, 1990, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 and New Hampshire law against the Chief of the Durham Police Department, two police sergeants, one police officer, the supervisor of the Strafford County House of Correction, two correctional sergeants, and one correctional officer in the United States District Court for the District of New Hampshire. Plaintiff, represented by private counsel, alleged Defendants strip-searched her in violation of the Fourth Amendment.

On October 22, 1988, Plaintiff was taken into protective custody because she was intoxicated. Plaintiff was strip-searched according to Strafford County House of Correction (SCHC) policy which required that all arrestees be strip-searched. The officers had no specific suspicion that she concealed contraband.

On April 26, 1993, Plaintiff filed a motion for partial summary judgment as to her 42 U.S.C. § 1983 claim against Defendant Strafford County.

On August 24, 1993, the District Court (Senior Judge Shane Devine) granted partial summary judgment to Plaintiff as to her 42 U.S.C. § 1983 claim against Defendant Strafford County. The Court held: (1) Defendants' strip search policy violated the Fourth Amendment because it did not require individualized suspicion that detainees were concealing contraband, and (2) strip search of Plaintiff violated the Fourth Amendment.

Kidd v. Gowen, 829 F.Supp. 16 (D.N.H. 1993).

On February 24, 1994, the remainder of the case settled.

Summary Authors

Shira Gordon (3/24/2012)

People


Judge(s)

Devine, Shane (New Hampshire)

Attorney for Plaintiff

Foley, Richard N. (New Hampshire)

Loring, James P. (New Hampshire)

Attorney for Defendant

Dunnington, Thomas C. Jr. (New Hampshire)

Lindh, George W. (South Carolina)

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Documents in the Clearinghouse

Document

1:90-cv-00482

Docket (PACER)

Kidd v. Gowan

July 12, 1999

July 12, 1999

Docket

1:90-cv-00483

Docket (PACER) [Consolidated Case]

Burg v. Gowan

Aug. 17, 1999

Aug. 17, 1999

Docket
43

1:90-cv-00482

Order [Granting Plaintiff's Motion for Partial Summary Judgment]

Aug. 24, 1993

Aug. 24, 1993

Order/Opinion

Docket

Last updated Jan. 20, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT; jury demand (dcap) (Entered: 01/07/1991)

Oct. 25, 1990

Oct. 25, 1990

3

ANSWER to Complaint by Paul Gowan, Morganella, Sgt, Morganella, Ind, Stinglen, Sgt, Stinglen, Ind, Roe, Jailer (Attorney George W. Lindh) (cmd) (Entered: 01/08/1991)

Nov. 16, 1990

Nov. 16, 1990

5

ORDER: Unless counsel advise to the contrary by February l4, l99l, cases C.90-482-D and C.90-483-D will be CONSOLIDATED ( signed by Clerk James R. Starr ) (cmd) (Entered: 02/25/1991)

Jan. 15, 1991

Jan. 15, 1991

6

ORDER: In accord w/FRCP 4(j) and Local Rule 2l(b), the case as to the above defendants will be dismissed for lack of prosecution on February 23, l99l if said return is not received by that date ( signed by Clerk James R. Starr ) (cmd) (Entered: 02/25/1991)

Jan. 16, 1991

Jan. 16, 1991

7

MOTION by Barbra Burg, to Amend [1-1] complaint (cmd) Modified on 02/25/1991 (Entered: 02/13/1991)

Feb. 13, 1991

Feb. 13, 1991

8

MOTION by Barbra Burg, to Extend Time for svc on substitute Robert LeClair and named defendants Jane Roe and Richard Doe (cmd) (Entered: 02/25/1991)

Feb. 21, 1991

Feb. 21, 1991

9

MOTION, for Richard N. Foley to Appear Pro Hac Vice (cmd) (Entered: 02/25/1991)

Feb. 21, 1991

Feb. 21, 1991

10

AFFIDAVIT by Richard N. Foley Re: [9-1] motion for Richard N. Foley to Appear Pro Hac Vice (cmd) (Entered: 02/25/1991)

Feb. 21, 1991

Feb. 21, 1991

Consolidated Member Case . Lead Case Number: 1cv90 482 (cmd) (Entered: 02/25/1991)

Feb. 25, 1991

Feb. 25, 1991

RULE 11 ORDER granting [9-1] motion for Richard N. Foley to Appear Pro Hac Vice; granting [8-1] motion to Extend Time for svc on substitute Robert LeClair and named defendants Jane Roe and Richard Doe; granting [7-1] motion to Amend [1-1] complaint (cmd) (Entered: 02/26/1991)

Feb. 26, 1991

Feb. 26, 1991

Case closed per order of consolidation, statistical closing (prk) (Entered: 10/30/1992)

Oct. 30, 1992

Oct. 30, 1992

Effective this date, as part of database cleanup, any party sued "individually and as" and previously entered as 2 parties has been consolidated and will hereafter show as 1 party. (dcap) (Entered: 07/07/1995)

July 7, 1995

July 7, 1995

FILE located at National Archives and Records Administration Waltham, MA. Accession No: 021-940033, Location No: A81477, Box No: 15, (cm) (Entered: 08/17/1999)

Aug. 17, 1999

Aug. 17, 1999

Case Details

State / Territory: New Hampshire

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Oct. 25, 1990

Closing Date: 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Woman who was taken into protective custody based on a determination that she was intoxicated and who was strip searched at the Strafford County House of Correction, as per the jail's policy.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Strafford County, NH (Strafford), County

Durham Police Department (Strafford), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Unknown

Form of Settlement:

Private Settlement Agreement

Issues

General:

Search policies

Strip search policy

Affected Sex or Gender:

Female

Type of Facility:

Government-run