On September 15, 2005, plaintiffs brought a class action lawsuit in the U.S. District Court for the District of Columbia against the United States Marshals on behalf of hundreds of men who had been arrested during several protests against the International Monetary Fund. Following their arrests, ...
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On September 15, 2005, plaintiffs brought a class action lawsuit in the U.S. District Court for the District of Columbia against the United States Marshals on behalf of hundreds of men who had been arrested during several protests against the International Monetary Fund. Following their arrests, plaintiffs were transferred to the custody of the U.S. Marshall and then detained in holding cells at the D.C. Superior Courthouse. Plaintiffs alleged that, while in custody, they were subjected to unlawful strip searches which had been conducted by deputy U.S. Marshals in the absence of any individualized reasonable suspicion. Plaintiffs, represented by attorneys from the George Washington University Law School and the People's Law Resource Center, alleged that such searches violated their Fourth Amendment right to be free of unreasonable searches and seizures. Plaintiffs sought compensatory and punitive damages and class certification.
On April 19, 2006, Defendants filed a motion to dismiss the suit. The District Court granted the motion in part and denied it in part, dismissing the claims raised against two former U.S. Marshals who were sued in their official capacity, but refusing to dismiss the claims raised against Marshal Dillard in his individual capacity. Specifically, the Court held that (1) Plaintiffs' Bivens claims were timely; (2) Plaintiffs sufficiently alleged that Marshal Dillard was a state actor; (3) Marshal Dillard was not entitled to qualified immunity at the motion to dismiss phase; and (4) Plaintiffs adequately stated a claim under the Fourth Amendment. Bame v. Clark, 466 F.Supp.2d 105 (D.D.C. Dec 11, 2006).
Marshal Dillard initially filed a notice of appeal but subsequently moved to dismiss the appeal. The appeal was dismissed by the District Court on June 11, 2007. Bame v. Dillard, 2007 WL 1760490 (D.C.Cir. Jun 11, 2007).
On May 22, 2008, Judge Rosemary M. Collyer granted class certification. Bame v. Clark, 2008 WL 2168393 (D.C.Cir. May 22, 2008).
On August 25, 2009, Judge Collyer denied the defendant's and the plaintiff's motions for summary judgment. Bame v. Dillard, 647 F.Supp.2d 43 (D.C. Cir. 2009). The defendant appealed.
On March 25, 2011, the United States Court of Appeals for the District of Columbia Circuit Judge dismissed the case, holding that it was not clearly established in 2002 that the strip search of a person being introduced into a detention facility violated the Fourth Amendment, and that therefore, the defendant was entitled to qualified immunity and to summary judgment. Bame v. Clark, 637 F.3d 380 (D.D.C. 2011).Dan Dalton - 01/22/2008
Jessica Kincaid - 03/02/2014