WEBER v. DELL

No. 1329, Docket 86-7214.

804 F.2d 796 (1986)

Ann WEBER and Gary J. Weber, Plaintiffs-Appellants, v. Elizabeth DELL, Officer Janssen Rembert, Investigator Michael Ciminelli, Sgt. R. Hare, Officer Sue Shannon, Officers John Doe, Jane Doe, and other unidentified police officers, the City of Rochester Police Department, the City of Rochester and the County of Monroe, and Andrew P. Meloni, Monroe County Sheriff, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 6, 1986.


Attorney(s) appearing for the Case

Stephen G. Schwarz, Rochester, N.Y. (Faraci, Guadagnino, Lange & Johns, Rochester, N.Y., of counsel), for plaintiffs-appellants.

Nira T. Kermisch, Asst. Monroe Co. Atty., Rochester, N.Y. (Charles R. Valenza, Monroe Co. Atty., Charles H. Miller, III, Asst. Monroe Co. Atty., of counsel), for defendants-appellees.

William D. Eggers, Rochester, N.Y. (Michael D. Norris, Arundhati Khanwalker, New York Civil Liberties Union, Genesee Valley Chapter, Rochester, N.Y., Richard Emery, New York Civil Liberties Union, New York City, of counsel), for amicus curiae New York Civil Liberties Union.

Before OAKES, MESKILL and MAHONEY, Circuit Judges.


MAHONEY, Circuit Judge:

This case presents the constitutionality of a jail policy authorizing strip/body cavity searches of people arrested and booked into the jail, regardless of whether they are reasonably suspected of concealing contraband. Plaintiff Ann Weber, who was subjected to such a search after her arrest on misdemeanor charges, and her husband Gary Weber, who assertedly suffered personal injuries arising from his...

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