Filed Date: May 24, 1982
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Plaintiff, an arrestee, filed a lawsuit under 42 U.S.C. § 1983 against Lincoln County and the City of North Platte, Nebraska in the United States Court for the District of Nebraska. The plaintiff, represented by private counsel, claimed that his Fourth Amendment rights had been violated. Specifically, the plaintiff claimed that a strip search conducted without any reasonable suspicion of a security threat violated his constitutional rights.
On April 30, 1981, in the city of North Platte, Nebraska, the plaintiff was at home when an animal control officer came to his door and attempted to get him to sign an affidavit promising to appear in court for violation of a dog-leash ordinance. The plaintiff refused. The next day, the animal control officer returned with police officers and an arrest warrant. Plaintiff was arrested for failing to sign the affidavit and brought to the Lincoln County jail, where he was visually strip-searched in an alcove.
The District Court (Judge Warren K. Urbom) entered a judgment for the defendants following a jury verdict in defendants' favor. Plaintiff appealed.
On Aug. 20, 1985, Judge Gerald Heaney, writing for a Court of Appeals for the Eighth Circuit Panel (Judge Heaney, Judge Jesse Henly, Judge Theodore McMillian) ruled that the District Court had erred in denying Plaintiff's motion for Judgment Notwithstanding the Verdict. The Court entered an Order for judgment in the plaintiffs' favor, and remanded for consideration of compensatory damages.
We have no further information about the case on remand.
Summary Authors
Blase Kearney (5/8/2012)
Heaney, Gerald William (Minnesota)
Henley, Jesse Smith (Missouri)
McMillian, Theodore (Missouri)
Grenier, Beverly Evans (Nebraska)
Piccolo, Frank E. (Nebraska)
Heaney, Gerald William (Minnesota)
Henley, Jesse Smith (Missouri)
McMillian, Theodore (Missouri)
Last updated March 31, 2024, 3:03 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Nebraska
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: May 24, 1982
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff was strip-searched after being arrested for failure to sign the summons regarding violation of the local leash law.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Unknown
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
City of North Platte (North Platte), City
Deputy Sheriffs of Lincoln County (Lincoln), County
Police Officers of the City of North Platte (North Platte), City
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
General:
Affected Sex or Gender:
Type of Facility:
Policing: