United States Eighth Circuit

In a class action under 42 U.S.C. section 1983 challenging a county juvenile detention center's strip search policy, denials of summary judgment and qualified immunity for defendants and partial summary judgment for plaintiff are reversed where: 1) a search of the named plaintiff was reasonable and, alternatively, even if the search was unreasonable, the law was not clearly established on that point as of August 1999; 2) a county did not violate plaintiff's constitutional rights; and 3) plaintiffs' claims for injunctive relief should be dismissed for lack of an Article III case-or-controversy. The court dismisses for lack of jurisdiction the portion of a county's appeal regarding liability for damages to the unnamed class members.

Appellate Information

• Decided 08/09/2006
• Published 08/09/2006

Judges

• COLLOTON, Circuit Judge., Before MELLOY, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gary P. Thimsen, argued, Sioux Falls, South Dakota (Susan M. Sabers and Mary A. Akkerman, on the brief), for appellant.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Matthew J. Piers of Chicago, Illinois.   Also appearing on the brief were Joshua Karsh and Fredrick S. Rhine.