On February 12, 2007, an arrestee, represented by private attorney Mark E. Merin, filed a 42 U.S.C. § 1983 class action lawsuit in the U.S. District Court for the Northern District of California in order to challenge the County Sheriff's policies and practices concerning the use of strip and visual body cavity searches in Santa Cruz County Jail. Plaintiff, who was arrested on outstanding warrants for vehicle code violations, alleged that officers routinely subjected detainees in their custody to strip and visual body cavity searches before they were arraigned and without having any reasonable suspicion that the detainees possessed contraband or weapons. He alleged that such practices violated the Fourth and Fifth Amendments to the U.S. Constitution as well as California state law. To remedy the alleged violations, Plaintiff sought declaratory and injunctive relief, monetary damages, and class certification.

On July 2, 2008, the parties filed a settlement agreement. Under the terms of the settlement, the defendants agree to pay $3,875,000 in damages to a class of parties who had been wrongfully strip-searched by the defendants. Members of the plaintiff class would receive $1,250 if they had been wrongfully searched when booked for a misdemeanor, and they would receive $750 if they had been wrongfully searched when booked for a felony. They would receive an additional $500 if they were under 21 or over 60, had a physical or mental disability, or were pregnant at the time of the search. The settlement also covered attorneys fees and administrative costs of the settlement.

On January 28, 2009, the district court (Judge Jeremy Fogel) issued a final approval of the settlement and dismissed the case.

Kristen Sagar - 02/25/2009


compress summary