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Case ID: 4512 | Civil Rights | 11/03/2005
A federal judge has approved class-action status for a suit by as many as 2,000 women who claim they were illegally strip-searched after being arrested in San Mateo County in 2002 and 2003.
U.S. District Judge Saundra Brown Armstrong of Oakland increased the possibility of a large damage award against the county. If the county's former search policy -- which was changed in December 2003 -- is ruled illegal by the judge, all members of the class would be eligible for damages, based on invasion of privacy and emotional distress. The county opposed class-action status, saying each woman should be required to prove that she was searched without justification. But Judge Armstrong said the county's witnesses acknowledged that the searches were conducted under a common policy, without requiring evidence that an inmate was hiding contraband. In all, about 2,000 women were strip-searched during the period covered by the suit, between February 2002 and December 2003, said the lawyer for the plaintiffs. Deputy County Counsel estimated the number at 1,800 and said the county may still be able to offer evidence justifying at least some of the searches. The suit is one of several filed against Northern California counties over strip searches of newly jailed inmates. A California law, and U.S. Supreme Court rulings interpreting the federal Constitution, allow such searches only if an inmate is reasonably suspected of concealing drugs or weapons, based on the criminal charges or the inmate's behavior. The San Mateo suit was filed in April by Shannon Gallagher, who was arrested in Pacifica in July 2003 on a San Francisco warrant for allegedly driving with a suspended license. Gallagher said she was strip-searched when she was booked into jail in Redwood City, and again several hours later when she was taken to the county's main jail for women. The charges against her were later dropped. At the time, Armstrong said, all women who were unable to post bail after their arrest were strip-searched before being transferred to the women's jail. That policy was intended to keep contraband out of the jail, said the county's lawyer. The strip searches at the men's jail were governed by a more restrictive policy, allowing strip searches only for inmates reasonably suspected of concealing contraband or for those arrested for crimes involving drugs, weapons or violence. That policy has been enforced for female inmates since at least December 2003. 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 A potential federal class-action lawsuit alleges that there is a long-standing practice of excessive force at Sacramento's Main Jail. Robert Hunter, a 52-year-old veterinarian filed the lawsuit. He was arrested on suspicion of drunken driving early Sept. 17 and spent the night in the Main Jail. While there, his suit claims, three deputies threw him to the floor and fractured his elbow when he tried to signal them that the holding cell's toilet was clogged and overflowing.
A collective action has been filed in South Carolina against the Aiken County Public Schools. The action is brought on behalf of all former and current employees who have worked in excess of 40 hours a week, but who have not been paid overtime by Aiken County. The action is brought under the federal Fair Labor Standards Act and is seeking back pay as damages. Federal law protects persons from discrimination based on their race, color, and ethnicity. The class has been certified in a class action filed against International Truck and Engine Corporation on behalf of all current and former African American employees of the company or its predecessor, Navistar International Corporation, who allege that they were subjected to racial harassment on the job. Persons eligible to take part in the action should contact attorneys for the class. A class action has been filed on behalf of renters and rental property owners in the City of Long Branch, New Jersey. The case alleges that the City has enacted unreasonable and unconstitutional ordinances to reduce the number of rental property units within city limits. The plaintiffs seek to enjoin the city from enforcing these ordinances. A national class action has been filed in New York against collection specialists, JBC Legal Group, P.C. The action is brought on behalf of all U.S. residents who received alleged misleading and coercive "form" type collection letters from JBC. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief.
A statewide collective action has been filed in Florida against Sawgrass Trading Company. The action is brought on behalf of all current and former hourly employees of all Florida Sawgrass Trading Company stores, who since May 2001, were not paid proper statutory overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential class members. |
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