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Case Name Henry v. Hulett JC-IL-0055
Docket / Court 3:12-cv-03087 ( C.D. Ill. )
State/Territory Illinois
Case Type(s) Jail Conditions
Special Collection Post-WalMart decisions on class certification
Strip Search Cases
Attorney Organization Loevy & Loevy
Case Summary
On March 31, 2011, female inmates at an Illinois women’s prison were strip searched as part of a training exercise for new guards. Several of the inmates filed this putative class action in the U.S. District Court for the Central District of Illinois. The plaintiffs sued the Illinois Department ... read more >
On March 31, 2011, female inmates at an Illinois women’s prison were strip searched as part of a training exercise for new guards. Several of the inmates filed this putative class action in the U.S. District Court for the Central District of Illinois. The plaintiffs sued the Illinois Department of Corrections, Lincoln Correctional Center, and Logan Correctional Center under 42 U.S.C. § 1983 and the Due Process Clause of the Fourteenth Amendment. Represented by civil rights attorneys Loevy and Loevy, they sought damages, costs and attorney’s fees, punitive damages, and injunctive relief. The complaint alleged that the strip searches were conducted in a way that violated the Fourth and Eighth Amendments. Specifically, they claimed that the strip searches were unnecessary, demeaning, dehumanizing, and humiliating.

The plaintiffs had to stand naked in a line with 8-10 other inmates in a room with other inmates and guards who were not conducting the searches. The inmates who were menstruating had to remove their menstrual products, they were not given new ones, and many got blood on themselves, their clothes, and the floor. The inmates had to stand barefoot and naked on a floor covered in menstrual blood, raise their breasts, life their hair, turn around, bend over, spread their buttocks and vaginas, and cough.

The case was assigned to Judge Richard Mills. On October 21, 2014 Judge Mills granted the plaintiffs’ motion for class certification. 2014 WL 5349870 (C.D. Ill. 2014). Judge Mills certified the two classes. Class I included all individuals subjected to the March 31, 2011 strip search at Lincoln Correctional Center. Class II included all women who are incarcerated at Logan Correctional Center and all women who will be incarcerated at Logan Correctional Center in the future. Lincoln Correctional Center was converted to an all-male prison and the majority of inmates were sent to Logan Correctional Center.

On April 14, 2016 the district court granted summary judgement for the defendants on the Fourth Amendment claim because, it held, a visual inspections of a prisoner could not constitute an unreasonable search. 2016 WL 11265636 (C.D. Ill. 2016). The district court denied summary judgement on the Eighth Amendment claim and that claim went to trial.

A jury trial was held before Judge Mills on November 14-18, 2016. On November 21, 2016, the jury returned a verdict for the defendants, finding that the searches had not been intended to humiliate or conducted to gain sexual gratification. Judge Mills entered the verdict for the defendants on November 22, 2016. Plaintiffs appealed; they did not contest the jury verdict against them on the Eighth Amendment claim but appealed to the Seventh Circuit to reinstate the Fourth Amendment claim. (Docket No. 16-04234).

On November 30, 2017, the case was argued in front of a panel of three judges: Circuit Judge Frank H. Easterbrook, Circuit Judge Daniel A. Manion, and District Judge John Z. Lee (sitting by designation). On July 16, 2019, the Seventh Circuit issued an opinion affirmed the decision of the district court that granted summary judgement to the defendants. 930 F.3d 836 (7th Cir. 2019).

Rehearing en banc was granted December 18, 2019. 788 Fed.Appx. 387 (Mem). On May 14, 2020 the case was argued en banc via Zoom. As of May 2020, the parties are waiting for a decision from the Seventh Circuit. The case remains open.

Sabrina Glavota - 05/20/2020


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Unreasonable search and seizure
Content of Injunction
Preliminary relief denied
Defendant-type
Corrections
General
Assault/abuse by staff
Search policies
Strip search policy
Medical/Mental Health
Reproductive health care (including birth control, abortion, and others)
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Illinois Department of Corrections
Lincoln Correctional Center
Logan Correctional Center
Plaintiff Description inmates at a women's prison in Illinois
Indexed Lawyer Organizations Loevy & Loevy
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Filed 03/20/2012
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  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 ]

Docket(s)
3:12−cv−03087−RM−TSH (C.D. Ill.)
JC-IL-0055-9000.pdf | Detail
Date: 09/11/2019
Source: PACER [Public Access to Court Electronic Records]
16-4234 (U.S. Court of Appeals)
JC-IL-0055-9001.pdf | Detail
Date: 05/14/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
JC-IL-0055-0002.pdf | Detail
Date: 03/20/2012
Source: PACER [Public Access to Court Electronic Records]
Sixth Amended Complaint [ECF# 83]
JC-IL-0055-0003.pdf | Detail
Date: 03/31/2014
Source: PACER [Public Access to Court Electronic Records]
Opinion [ECF# 87] (2014 WL 5349870) (C.D. Ill.)
JC-IL-0055-0004.pdf | WESTLAW | Detail
Date: 10/21/2014
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 122] (2016 WL 11265636) (C.D. Ill.)
JC-IL-0055-0005.pdf | WESTLAW | Detail
Date: 04/14/2016
Source: PACER [Public Access to Court Electronic Records]
Judgment in a Civil Case [ECF# 181] (C.D. Ill.)
JC-IL-0055-0006.pdf | Detail
Date: 11/22/2016
Source: PACER [Public Access to Court Electronic Records]
Opinion [Ct. of App. ECF# 38] (930 F.3d 836)
JC-IL-0055-0007.pdf | WESTLAW| LEXIS | Detail
Date: 07/16/2019
Source: PACER [Public Access to Court Electronic Records]
Brief of Amici Curiae Law Professors and Scholars of Sexual Violence, ACLU, Just Detention International, Roderick and Solange Macarthur Justice Center, Uptown People’s Law Center, & Women’s Prison Association in Support of Petition for Reh'g En Banc [Ct. of App. ECF# 51-2]
JC-IL-0055-0001.pdf | Detail
Date: 08/20/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Easterbrook, Frank Hoover (Seventh Circuit) show/hide docs
JC-IL-0055-0007
Lee, John Zihun (N.D. Ill.) show/hide docs
JC-IL-0055-0007
Manion, Daniel Anthony (Seventh Circuit) show/hide docs
JC-IL-0055-0007
Mills, Richard Henry (C.D. Ill.) show/hide docs
JC-IL-0055-0004 | JC-IL-0055-0005 | JC-IL-0055-9000
Schanzle-Haskins, Tom Court not on record [Magistrate] show/hide docs
JC-IL-0055-9000
Plaintiff's Lawyers Brown, Ruth Z. (Illinois) show/hide docs
JC-IL-0055-9000 | JC-IL-0055-9001
Field, Vincenzo (Illinois) show/hide docs
JC-IL-0055-9000
Kanovitz, Michael I. (Illinois) show/hide docs
JC-IL-0055-0002 | JC-IL-0055-0003 | JC-IL-0055-9000 | JC-IL-0055-9001
Loevy, Jonathan I. (Illinois) show/hide docs
JC-IL-0055-0002 | JC-IL-0055-0003 | JC-IL-0055-9000
Loevy, Arthur R. (Illinois) show/hide docs
JC-IL-0055-0002 | JC-IL-0055-0003 | JC-IL-0055-9000
Loevy, Debra (Illinois) show/hide docs
JC-IL-0055-9001
Steinback, Rachel (Illinois) show/hide docs
JC-IL-0055-0002 | JC-IL-0055-0003 | JC-IL-0055-9000
Thompson, Tara Elizabeth (Illinois) show/hide docs
JC-IL-0055-9000 | JC-IL-0055-9001
Defendant's Lawyers Barnes, Deborah L (Illinois) show/hide docs
JC-IL-0055-9000
Bautista, Laura K. (Illinois) show/hide docs
JC-IL-0055-9000
Buell, Katelin B (Illinois) show/hide docs
JC-IL-0055-9001
Cook, Lisa A. (Illinois) show/hide docs
JC-IL-0055-9000
Corrigan, Terence J. (Illinois) show/hide docs
JC-IL-0055-9000
Fanning, Robert L. (Illinois) show/hide docs
JC-IL-0055-9000
Higgerson, Christopher L. (Illinois) show/hide docs
JC-IL-0055-9000
McNaught, Karen L. (Illinois) show/hide docs
JC-IL-0055-9000
Notz, Jane Elinor (Illinois) show/hide docs
JC-IL-0055-9001
O'Boyle, Erin L (Illinois) show/hide docs
JC-IL-0055-9000
Rupcich, Joseph N. (Illinois) show/hide docs
JC-IL-0055-9000
Other Lawyers Callahan, Matthew W. (District of Columbia) show/hide docs
JC-IL-0055-9001
Ellsworth, Jessica Lynn (District of Columbia) show/hide docs
JC-IL-0055-9001
Faris, Michael J (Illinois) show/hide docs
JC-IL-0055-9001
Feder, Meir (New York) show/hide docs
JC-IL-0055-9001
Greenfield, Daniel M (Illinois) show/hide docs
JC-IL-0055-0001 | JC-IL-0055-9001
Jefferis, Danielle C. (Colorado) show/hide docs
JC-IL-0055-9001
Waxman, Seth (District of Columbia) show/hide docs
JC-IL-0055-9001

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