Jones v. Bowman

120 F.R.D. 88, 1988 U.S. Dist. LEXIS 4063, 1988 WL 44990
CourtDistrict Court, N.D. Indiana
DecidedApril 8, 1988
DocketNo. S87-289
StatusPublished
Cited by1 cases

This text of 120 F.R.D. 88 (Jones v. Bowman) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Bowman, 120 F.R.D. 88, 1988 U.S. Dist. LEXIS 4063, 1988 WL 44990 (N.D. Ind. 1988).

Opinion

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause is before the court on plaintiff Marilyn Jones’ motion for class certification. Fed.R.Civ.P. 23. The parties have briefed the issues fully with excellent, helpful memoranda. For the reasons that follow, the court concludes that Ms. Jones’ motion for class certification must be denied because her claim for injunctive relief is moot.

Marilyn Jones brings this action pursuant to 42 U.S.C. § 1983, alleging that the defendants violated her fourth and fourteenth amendment rights when they subjected her to a strip search pursuant to an Elkhart Sheriff’s Department’s written policy to strip search all persons received into the population at the Elkhart County Jail. The Elkhart Superior Court issued a body attachment for Ms. Jones when she failed to appear at a hearing in her domestic relations case. She was arrested September 23, 1985 in Johnson County and admitted to the Elkhart County Jail two days [89]*89later. She was “strip searched” pursuant to Department policy. Ms. Jones seeks injunctive and declaratory relief and compensatory and punitive damages.

Ms. Jones’ amended complaint seeks certification of a class of persons subject to the jurisdiction of the Elkhart County Sheriff who have been, are now being, or hereafter may be arrested for alleged non-felony offenses and subjected to a strip search by the Elkhart County Sheriff where there exist no reasonable grounds to suspect the arrestee of possessing weapons or contraband. Ms. Jones requests appointment as representative of the class.

On May 18, 1987, Ms. Jones moved for a preliminary injunction; hearing was held on June 4, 1987. On June 17, 1987, the court denied Ms. Jones’ petition for preliminary injunction because she lacked standing. The court found that Ms. Jones failed to show either continuing present adverse effects of her 1985 strip search at the hands of Elkhart County Sheriff personnel or any likelihood that she will be subjected to another strip search in the future. Jones v. Bowman, 664 F.Supp. 433 (N.D. Ind.1987).

For purposes of class certification, Ms. Jones seeks a declaration that the Elkhart Sheriff’s Department’s practices of which she complains are unconstitutional, and an injunction prohibiting the defendants from applying their strip search policy unless reasonable grounds exist to believe an arrestee is concealing weapons or contraband. She seeks no class certification on her claim for damages, and she has withdrawn her request for class certification with respect to persons detained on body attachments issued by the Elkhart Superior Court.

To maintain a suit as a class action, the moving party must demonstrate that:

(1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

Fed.R.Civ.P. 23(a). The moving party also must demonstrate compliance with at least one of the subparagraphs of Rule 23(b). Susman v. Lincoln American Corp., 561 F.2d 86, 90 (7th Cir.1977); Valentino v. Howlett, 528 F.2d 975 (7th Cir.1976). Ms. Jones proceeds under paragraph (b)(2), which provides that an action may be maintained as a class action if the prerequisites of subdivision (a) are met and if:

... the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole ...

Fed.R.Civ.P. 23(b)(2).

The defendants argue that Ms. Jones has failed to meet the numerosity requirement under Rule 23(a) because she proffered no evidence to show that the proposed class is so numerous that joinder is impracticable. In regards to Ms. Jones’ assertions under Rule 23(b)(2), the defendants argue that because Ms. Jones lacked standing as an individual to seek injunctive relief, she also lacks standing to seek injunctive relief on behalf of a class. The defendants also argue that the Elkhart County Sheriff’s Department’s new strip search policy,1 instituted on July 2, 1987, directly comports with the standard which Ms. Jones has intimated would pass constitutional muster; [90]*90because the standard has been changed, the issue is moot and injunctive relief in this case is no longer necessary or proper.

Ms. Jones responds that individual injunctive relief is distinct from class injunctive relief in the context of constitutional deprivations of short duration: even plaintiffs with no live claim for injunctive relief when the class action complaint is filed nonetheless may act as class representative concerning violations that are capable of repetition yet evading review. Gerstein v. Pugh, 420 U.S. 103, 95 S.Ct. 854, 43 L.Ed. 2d 54 (1975); Sosna v. Iowa, 419 U.S. 393, 402 n. 11, 95 S.Ct. 553, 559 n. 11, 42 L.Ed. 2d 532 (1975); Doulin v. City of Chicago, 662 F.Supp. 318 (N.D.Ill.1986); Robinson v. City of Chicago, 638 F.Supp. 186 (N.D.Ill.1986); Franklin v. City of Chicago, 102 F.R.D. 944 (N.D.Ill.1984); Lewis v. Tully, 99 F.R.D. 632 (N.D.Ill.1983).

Ms. Jones also argues that the Elkhart Sheriff’s Department adopted its new strip search policy only after the filing of the complaint in this action and three weeks after this court’s June 17,1987 ruling. She contends the change in policy does not render her claim moot.

The court need not address the defendants’ standing arguments or Ms. Jones’ compliance with the requirements of Rule 23(a). Her claim as to the class of persons she wishes to have certified is moot.

Justiciability encompasses the doctrines of standing and mootness. To determine whether a claim is moot, the court must inquire first, whether the issues presented are “live”, and second, whether the parties have personal stakes, that is, legally cognizable interests in the outcome of the litigation. Robinson v. City of Chicago, 638 F.Supp. 186, 189 (N.D.Ill.1986), citing United States Parole Com’n v. Geraghty, 445 U.S. 388, 396, 100 S.Ct. 1202, 1208, 63 L.Ed.2d 479 (1980); Davis v. Ball Memorial Hospital Ass’n, Inc., 753 F.2d 1410, 1416 (7th Cir.1985); Lewis v. Tully, 99 F.R.D. 632, 638.

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Bluebook (online)
120 F.R.D. 88, 1988 U.S. Dist. LEXIS 4063, 1988 WL 44990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-bowman-innd-1988.