Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

In re County of Erie

United States Court of Appeals for the Second Circuit
473 F.3d 413 (2d Cir. 2007)


The Erie County Sheriff’s Office had a written policy of subjecting every detainee who entered the county holding center or correctional facility to an invasive strip search, regardless of individualized suspicion or the offense alleged. Three detainees brought a civil-rights class action against the county and its officials (defendants) asserting the policy violated the Fourth Amendment. The county withheld documents as privileged attorney-client communications and instead produced a privilege log. When asked to compel production of the logged documents, a magistrate judge reviewed the documents in camera and ordered the county to produce 10 e-mails between the Assistant County Attorney and county officials that discussed the law regarding strip searches of detainees, assessed existing county policy, recommended alternatives, and monitored the county’s compliance with suggested policy changes. The magistrate reasoned that those 10 e-mails made policy recommendations and did not give legal advice. The district court conducted an independent in camera review of the e-mails under a clear-error standard and ordered the county to produce the e-mails, prompting the county to request a writ of mandamus.

Rule of Law


Holding and Reasoning (Jacobs, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial