Strip Searches at Issue in Class Action Filed Against Jefferson County, NY

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A man who was arrested and brought to the Jefferson County Jail in New York in July 2014 has filed a proposed class action lawsuit against the county over its allegedly unconstitutional practice of performing strip searches on individuals arrested for misdemeanors, traffic infractions, and other “minor crimes” who were not provided with a reasonable opportunity to post bail. According to the complaint, Jefferson County’s strip search policy violates the Fourth Amendment of the US Constitution, which the case says prohibits state officials from performing strip searches on those arrested who can post bail after a short period of time.

The plaintiff, whose 2014 arrest stemmed from a charge of aggravated unlicensed operation of a motor vehicle, argues that Jefferson County Jail has adequate space in its booking room to allow for detainees to be briefly held to allow them to post bail, negating the necessity to force individuals to be strip searched and receive a jail uniform.

The 16-page lawsuit proposes to cover a class of at least 3,000 individuals who allegedly “had their civil rights violated on multiple occasions” between July 21, 2014 through the date on which Jefferson County ceases its supposed strip search policy for minor offenses. Per the exact language in the complaint, the case covers a proposed class of: