Three women who had been subjected to strip and cavity searches in accordance with a blanket policy to strip search all female arrestees regardless of the charges or the likelihood that they are concealing contraband were part of a class action to challenge the constitutionality of the policy, ...
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Three women who had been subjected to strip and cavity searches in accordance with a blanket policy to strip search all female arrestees regardless of the charges or the likelihood that they are concealing contraband were part of a class action to challenge the constitutionality of the policy, filed on March 1, 1979. Jane Does v. City of Chicago, No. 79 C 789 (N.D. Ill. Jan. 12, 1982) That case resulted in a settlement in which the City of Chicago was permanently enjoined from instituting strip searches or body cavity searches on women and not on similarly situated men, and from performing strip searches of any person charged with a traffic, regulatory, or misdemeanor offense unless police reasonably believed that the arrestee was concealing weapons or contraband.
The three women were selected by the parties as typical cases to separate out for trial on the issue of damages. Jury trials were held and the women were awarded damages in the amounts of $25,000 and $60,000. Two of these cases,
Tikalski v. City of Chicago and
Hoffman v. City of Chicago are also in the Clearinghouse.
In one case, after a plaintiff prevailed, the district court granted the City a new trial on the grounds that one of the jury instructions was improper. The plaintiff appealed to the United States Court of Appeals for the Seventh Circuit, which reversed the district court and reinstated the plaintiff's victory on August 2, 1982. 687 F.2d 175.
The City later appealed all their losses, but on November 29, 1983, the Seventh Circuit upheld the awards and the finding that the policy was unconstitutional. 723 F.2d 1263.
This case is now closed.
Denise Heberle - 03/28/2012
Jonah Hudson-Erdman - 08/25/2021
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