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Case ID: 3669 | Civil Rights | 09/17/2004
A class action has been filed against Sacramento County, California, on behalf of minors and their guardians, who allege that the children were needlessly strip-searched while in juvenile detention, in violation of their civil rights. The action seeks unspecified compensatory and punitive damages.
There are three named plaintiffs in the action at present-- the first named plaintiff is a 15-year-old girl who spent 17 days in Sacramento County's juvenile hall in 2002. During her stay, she alleges that she was first strip-searched when she was booked into the county's juvenile hall. Less than an hour later, she was strip-searched again when she was sent to her housing unit. During the 17-day period, she went to court twice, and was strip-searched on her return both times. After her twice-weekly visits with her parents, she was strip-searched again, in full view of other girls who were also being forced to strip. The searches allegedly extend beyond the mere removal of clothes-- juvenile inmates are allegedly forced to bend over, squat, and cough. Though such treatment might not disturb hardened criminals, the action alleges that it takes a terrible toll on children. While there are no federal policies specifying when juvenile inmates can be strip-searched, case law has established some parameters, including a requirement that felonies and misdemeanor charges be considered equally. Attorney Mark Merin, who filed the lawsuit in August 2004 on behalf of the three minors, contends that the ruling means only juveniles charged with violence or drug-related felonies can be searched. Federal law requires institutions to balance the need for a particular search against the intrusion of personal rights. Another plaintiff, a 13-year-old girl, was released in August 2004 after spending 24 days in Sacramento County's juvenile hall. She was arrested under suspicion of stealing more than $400 worth of coats from a Macy's store-- a felony. The action alleges that she was searched during booking, again when she got to her dorm 10 minutes later, and after every visit to the nurse or any time she left the dormitory. After family visits, she, too, was strip-searched in a group setting. It was her first trip through juvenile hall. She starts eighth grade this year. The last named plaintiff in this lawsuit is a 15-year-old boy who was arrested in June 2004 for elder abuse-- he allegedly used his grandfather's credit card to order an Australian bong online. The father, who called police to report the theft thinking a day or two in juvenile hall would shock his son into better behavior, now regrets his decision, in light of the treatment his son allegedly endured at the hands of juvenile hall officers. Persons eligible to take part in this action should contact the attorney for the class for more information.
At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Civil Rights Cases of Interest The issue of corporate health plan prescription contraceptive coverage is growing quickly. A class action has been filed against DaimlerChrysler Corporation on behalf of women employees who allege that the company discriminated against them by failing to include prescription contraceptives in its health plan coverage in violation of federal civil rights laws.
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