Swart v. Scott County

650 F. Supp. 888, 1987 U.S. Dist. LEXIS 10
CourtDistrict Court, D. Minnesota
DecidedJanuary 6, 1987
DocketNo. Civ. 4-85-1052
StatusPublished
Cited by1 cases

This text of 650 F. Supp. 888 (Swart v. Scott County) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Swart v. Scott County, 650 F. Supp. 888, 1987 U.S. Dist. LEXIS 10 (mnd 1987).

Opinion

MacLAUGHLIN, District Judge.

This matter is before the Court on cross motions for attorneys’ fees. Plaintiff’s motion will be granted. Defendant’s motion will be denied.

FACTS

This action was brought as a challenge under 42 U.S.C. § 1983 to the constitutionality of the Scott County Sheriffs’ practice of strip searching all persons detained at the Scott County jail for offenses no greater than traffic violations or misdeameanors, including all persons who were never charged with any offense. Plaintiff sought preliminary and permanent injunctive relief as well as damages.

Prior to August 27,1985, a written policy in effect at the Scott County jail called for strip searches of all detainees who were due to be placed with the general prison population. The strip search policy did not require a showing of probable cause prior to instigation of a search. Any detainee, whether suspected of harboring weapons or contraband or not, was subjected to a full strip search. The written strip search procedures were thorough and systematic, and required detainees to remove all items of clothing prior to a full visual search. Jailers were instructed to carry out the strip search in the following manner:

[The] searcher should begin with the inmate’s head, running his fingers through the hair or using a large toothed comb. He should next examine the ears, the mouth and then the nose. (A flashlight is an excellent search tool.) The inmate [890]*890should be asked to lift his arms so that his armpits can be examined. Before proceeding to the pubic area, the officer should examine the trunk for tape or bandages that may conceal injuries or contraband. The bandages removed should be replaced with clean ones before the search continues. The pubic area should be examined for lice, using the flashlight. The inmate should next be ordered to turn around, bend over, and spread his buttocks so that the rectum can be examined. Again, the light can be used for this purpose so that the inmate is not touched.

Exhibit B in Support of Plaintiff’s Motion for Class Certification.

Robert S. Swart, the plaintiff in this case, was arrested and held on a minor offense, and by defendant’s admission, was strip searched without any consideration whether he represented a danger to the prison population or might be harboring contraband. He was detained at the Scott County Jail, booked, and subjected to a full body strip search.

In John Does 1-100 vs. Boyd, et al., 613 F.Supp. 1514 (D.Minn.1985) (MacLaughlin, J.), the Court held that Dakota County’s policy of subjecting all pretrial detainees to a full strip search without regard to whether probable cause existed to believe that individual detainees presented a risk to the prison population was unconstitutional. The strip search policy implemented in Scott County effective August 27,1985 provides for strip searches of detainees “ONLY when a reasonable suspicion exists to believe that the inmate has concealed upon his person contraband which could not, or would not, be found by a less intrusive search.” Defendant’s Brief in Opposition to Plaintiff’s Motion for Class Certification, Exh. A. Defendant now admits that its pre-August 27, 1985 policies were unconstitutional. Plaintiff acknowledges that defendant’s post-August 27, 1985 policies are constitutional.

Plaintiff’s cause of action was filed August 13, 1985. Plaintiff sought injunctive relief and damages. By order dated September 2, 1986, the Court denied plaintiff’s motion for class certification. In so doing, the Court ruled that plaintiff did not have standing to seek injunctive relief, on the ground that “plaintiff [is] simply unable to show that he is likely to be subjected to defendant’s strip search policies at some future date.” Does, at 1522, citing Boyd, 613 F.Supp. at 1528-29; City of Los Angelos v. Lyons, 461 U.S. 95, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983); Smith v. Montgomery County, Md., 573 F.Supp. 604 (D.Md.1983); O’Shea v. Littleton, 414 U.S. 488, 94 S.Ct. 669, 38 L.Ed.2d 674 (1974); Kolender v. Lawson, 461 U.S. 352, 103 S.Ct. 1855, 1857 n. 3, 75 L.Ed.2d 903 (1983); Lake v. Speziale, 580 F.Supp. 1318 (D.Conn.1984). Accordingly, plaintiff’s claim for injunctive relief dropped from the case. Plaintiff’s claim for damages came on for trial before a jury October 22-28, 1986. At trial, plaintiff presented witnesses, including plaintiff, the arresting officers, and a psychologist who testified as to the emotional toll exacted on plaintiff by the strip search. Plaintiff sought to recover for emotional pain and suffering, humiliation and mental distress. The jury returned a verdict stating that plaintiff had sustained no damages. Plaintiff did not appeal.

Plaintiff now brings this motion for attorneys’ fees. Defendant has responded with a countermotion for a fee award.

DISCUSSION

A. Prevailing Party

Plaintiff’s motion for attorneys’ fees is brought pursuant to 42 U.S.C. § 1988, which provides:

In any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title ... the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.

A threshold issue in any motion for attorneys’ fees brought pursuant to section 1988 is whether plaintiff is a “prevailing party” within the meaning of the statute. Jaeger v. City of Farmington, Minnesota, 528 F.Supp. 684 (D.Minn.1981). The standard [891]*891for making this threshold determination has been framed in various ways. The United States Court of Appeals for the Eighth Circuit has frequently cited the formulation set forth in Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983): “plaintiffs may be considered ‘prevailing parties’ for attorney’s fees purposes if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit.” Hensley, 103 S.Ct. at 1939; Fast v. School District of City of LaDue, 728 F.2d 1030, 1032 (8th Cir.1984) (en banc). This is a generous formulation that brings the plaintiff across the statutory threshold. Fast, 728 F.2d at 1032. It is not necessary that a plaintiff succeed on all of the significant issues, or that the court award all of the benefit sought by the plaintiff. Fast, 728 F.2d at 1033. Once plaintiff has surmounted this threshold barrier, it remains for the district court to determine what fee is “reasonable.” Hensley, 103 S.Ct. at 1939.

Prevailing party status is not restricted to a “victor” after entry of a final judgment following full trial on the merits; a party may be considered to have prevailed through a favorable settlement of a case or consent agreement, even if he does not ultimately prevail on all issues. Maher v.

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Bluebook (online)
650 F. Supp. 888, 1987 U.S. Dist. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swart-v-scott-county-mnd-1987.