DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
051363P.pdf 08/09/2006 Jodie Smook v. Minnehaha County
U.S. Court of Appeals Case No: 05-1363
District of South Dakota
[PUBLISHED] [Colloton, Author, with Melloy and Benton, Circuit Judges]
Civil case - civil rights. In light of the state's legitimate responsibility
to act in loco parentis with respect to juveniles taken into lawful state
custody, partial strip search of a juvenile was reasonable within the
meaning of the Fourth Amendment and did not violate her constitutional
rights; individual defendants were entitled qualified immunity on
plaintiff's claims; because there was a direct causal link between the
search of the juvenile and the municipal policy in question, the county
did not violate the juvenile's rights; with respect to the unnamed class
members, the facts are not yet developed, and the court would not
consider the defendants' appeal with respect to liability for damages to
unnamed class members; plaintiffs' claims for injunctive relief should be
dismissed for lack of an Article III case-or-controversy.