SMOOK v. MINNEHAHA COUNTY

No. 05-1363.

457 F.3d 806 (2006)

Jodie SMOOK, individually and on behalf of all other persons similarly situated, Appellee, v. MINNEHAHA COUNTY, South Dakota; Jim Banbury, in his individual capacity; Todd Cheever, as Director of Minnehaha County Juvenile Detention Center, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 9, 2006.


Attorney(s) appearing for the Case

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

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.

Before MELLOY, COLLOTON, and BENTON, Circuit Judges.


COLLOTON, Circuit Judge.

Jodie Smook filed this action pursuant to 42 U.S.C. § 1983, "individually and behalf of all other persons similarly situated," alleging, among other things, that the policy of the Minnehaha, South Dakota, County Juvenile Detention Center ("JDC") to "strip search[ ] minors without probable cause" was unconstitutional. The complaint sought damages and injunctive relief. After granting Smook's motion for class certification, the district...

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