On January 20, 1999, an 18-year old woman arrested for driving under the influence of alcohol filed a lawsuit under 42 U.S.C. §1983 in U.S. District Court for the North District of Alabama challenging the strip search policy of the Shelby County Jail. That policy required that each inmate be strip searched by a same sex jail staff member before being placed in a cell or detention room.

Plaintiff alleged that following her arrest and booking at the Jail, she was taken to a bathroom and ordered to disrobe. While she was nude, a female deputy looked into her mouth, nose and ears; checked her breasts; and told her to squat, spread her buttocks apart and cough three times.

After discovery was conducted, defendants moved for summary judgment on all claims.

On May 4, 2000, the District Court (Magistrate Judge T Michael Putnam) denied defendants' motion, holding that the Jail's policy of strip searching all jail admittees, regardless of personal circumstances, violated the constitution. Judge Putnam also held that defendants were not entitled to qualified immunity. Wilson v. Shelby County, Ala., 95 F.Supp.2d 1258 (N.D.Ala. 2000). Defendants appealed.

The Eleventh Circuit Court of Appeals ( District Judge) reversed, holding that while the Jail's blank strip search policy of searching all inmates, without any reasonable suspicion, was unconstitutional, the defendant was entitled to qualified immunity. Wilson v. Jones, 251 F.3d 1340 (11th Cir. 2001).

Dan Dalton - 08/08/2007


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