Filed Date: May 12, 1987
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On 5/12/1987, Michael Chandler, an inmate in the Nevada State Prison, filed a Section 1983 lawsuit in the District of Nevada, pro se, against officials of the Nevada Department of Prisons. Plaintiff alleged that his federal constitutional rights had been violated by a digital anal cavity search performed on him without reasonable suspicion. At some point an attorney was appointed by the court.
The October 1989 trial resulted in a mistrial; a retrial was scheduled for January 1990. Following a three day trial, the jury found in favor of three of the four defendants; Jackson, Benzler and Butler. However, the jury found in favor of the plaintiff against Steve Koon, the associate warden at the Nevada State Prison. The jury awarded $1,000.00 in compensatory damages and $40,000.00 in exemplary damages. Defendant Koon appealed.
The Court of Appeals affirmed the awards of compensatory and punitive damages against appellant Koon, but vacated and remanded for the entry of a new award for attorney's fees and costs. Chandler v. Koon, 1993 WL 230278 (9th Cir. 1993). Following the District Court trial, a magistrate judge had limited the award for attorney's fees and costs to $6,552.00.
Litigation continued until July 1994 when the court ordered judgment in favor of the plaintiff and awarded attorney's fees and costs in the amount of $63,179.08.
Summary Authors
Eoghan Keenan (6/10/2005)
Fletcher, Betty Binns (Washington)
Nelson, Dorothy Wright (California)
Wilson, Stephen Victor (California)
Evans, Donald Y. (Nevada)
Hilsabeck, Charles (Nevada)
Fletcher, Betty Binns (Washington)
Nelson, Dorothy Wright (California)
Wilson, Stephen Victor (California)
Last updated April 15, 2024, 3:10 a.m.
State / Territory: Nevada
Case Type(s):
Key Dates
Filing Date: May 12, 1987
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Inmate at the Nevada State Prison alleged that his federal constitutional rights had been violated by a digital anal cavity search performed on him without reasonable suspicion
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Nevada Department of Corrections, State
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1994 - None
Issues
General:
Jails, Prisons, Detention Centers, and Other Institutions:
Assault/abuse by staff (facilities)
Type of Facility: