Case: Joan W. v. City of Chicago

1:83-00327 | U.S. District Court for the Northern District of Illinois

Filed Date: Jan. 18, 1983

Closed Date: March 19, 1986

Clearinghouse coding complete

Case Summary

In 1983, the plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the City of Chicago in the United States District Court for the Northern District of Illinois. Represented by private counsel, the plaintiff sought compensatory damages and alleged her constitutional rights were violated when she was strip-searched.According to the Seventh Circuit Court of Appeals, 771 F.2d 1020 (7th Cir. 1985), the plaintiff was arrested for a traffic violation on January 28, 1978. Five female police employ…

In 1983, the plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the City of Chicago in the United States District Court for the Northern District of Illinois. Represented by private counsel, the plaintiff sought compensatory damages and alleged her constitutional rights were violated when she was strip-searched.

According to the Seventh Circuit Court of Appeals, 771 F.2d 1020 (7th Cir. 1985), the plaintiff was arrested for a traffic violation on January 28, 1978. Five female police employees ("the matrons") strip-searched her according to a City of Chicago policy. She was forced to expose her vaginal and anal areas and the matrons threatened her when she initially refused to comply, used vulgar language, and laughed at her. Additionally, the plaintiff alleged that she suffered resulting psychic trauma and emotional distress.

The defendant conceded liability because the strip-search policy had been found unconstitutional in Mary Beth G. v. City of Chicago, 723 F.2d 1263 (7th Cir. 1983). The jury awarded the plaintiff $112,000 in compensatory damages. The Court (Judge Susan Getzendanner) denied the defendant's motion for judgment notwithstanding the verdict or remittitur. Th defendant then appealed.

On August 26, 1985, the Seventh Circuit Court of Appeals (Judges Luther M. Swygert, Jesse E. Eschbach, and Richard Posner) found that the court did not commit reversible error by allowing Plaintiff's closing argument. The court found that $112,000 in damages was excessive and directed a remittitur reducing the award to $75,000. Each party was directed to bear its own costs. 771 F.2d 1020 (7th Cir. 1985).

On March 19, 1986, the District Court (Judge Getzendanner) awarded the plaintiff $49,860.52 in attorney fees and costs. The District Court found that she remained a substantial victor after appeal, justifying award of her attorney's fees. Joan W. v. City of Chicago, No. 83-327, 1986 U.S. Dist. LEXIS 27954 (N.D. Ill. March 19, 1986).

Summary Authors

Shira Gordon (3/17/2012)

People


Judge(s)

Eschbach, Jesse Ernest (Indiana)

Getzendanner, Susan Christine O'Meara (Illinois)

Posner, Richard Allen (Illinois)

Attorney for Plaintiff

Carey, R. Peter (Illinois)

Attorney for Defendant

Mitchell, Lynn K. (Illinois)

Expert/Monitor/Master/Other
Judge(s)

Eschbach, Jesse Ernest (Indiana)

Getzendanner, Susan Christine O'Meara (Illinois)

Posner, Richard Allen (Illinois)

Attorney for Plaintiff
Attorney for Defendant
Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

84-02060

Opinion

U.S. Court of Appeals for the Seventh Circuit

Oct. 7, 1985

Oct. 7, 1985

Order/Opinion

771 F.2d 771

1:83-00327

Memorandum Opinion and Order

March 19, 1986

March 19, 1986

Order/Opinion

1986 WL 1986

Docket

Last updated Feb. 27, 2024, 3 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Illinois

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Jan. 18, 1983

Closing Date: March 19, 1986

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A female physician who was arrested for a traffic violation and then brought to jail and strip searched.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Chicago (Chicago), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Issues

General:

Strip search policy

Affected Sex or Gender:

Female

Type of Facility:

Government-run