In re Nassau County Strip Search Cases
United States Court of Appeals for the Second Circuit
461 F.3d 219 (2006)
- Written by Salina Kennedy, JD
Facts
The Nassau County Correctional Center (correctional center) (defendant) employed a blanket policy pursuant to which it strip searched all newly admitted misdemeanor detainees. After precedent was established that the policy violated detainees’ Fourth Amendment rights, a group of misdemeanor detainees who had been strip searched pursuant to the policy (detainees) (plaintiffs) sued, seeking class certification. After protracted litigation, the proposed plaintiffs’ class narrowed its request for certification to two issues: (1) whether the policy existed and (2) whether the correctional center was liable for implementing it. The correctional center subsequently conceded liability for implementing the policy. Because of the correctional center’s concession, the district court eliminated the issue of liability from its predominance analysis. The court then declined to certify the class, concluding that individual issues outweighed common issues in the matter because some detainees had been strip searched pursuant to reasonable suspicion regardless of the blanket policy. The detainees appealed.
Rule of Law
Issue
Holding and Reasoning (Straub, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 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.
