Sean X. Kelly of our New Jersey office successfully obtained summary judgment in favor of Atlantic County in a long-running, putative class action law suit which challenged the constitutionality under the Fourth Amendment of the county’s policy of strip-searching incoming detainees to its jail. We successfully argued that Atlantic City’s strip search policy did not violate the Fourth Amendment’s prohibition of unreasonable searches and seizure. This extensive litigation included the filing of an amicus brief on behalf of Atlantic County in a related and successful appeal before the U.S. Supreme Court, in the case of Florence v. Board of Chosen Freeholders, 132 S. Ct. 1510 (2012), in which the constitutionality of such policies was established. Prior to Florence, thirty years of case law had held the contrary, that the routine strip-search of non-indictable pre-trial detainees violated the Constitution.
June 17, 2016