The Giuliani
administration has agreed to pay up to $50 million to
settle a lawsuit
filed on behalf of tens of thousands of people who
were illegally
strip-searched after being arrested for minor offenses, many
of which fell
under the city's crackdown on quality of life violations.
The searches
were conducted by jail guards in Manhattan and Queens
during 10 months
in 1996 and 1997. Many of the victims of the illegal
searches were
first-time offenders who were arrested for minor
infractions
like loitering, disorderly conduct or subway offenses.
The $50 million
class action settlement could be paid out to more than
50,000 people
who were arrested during the 10 months. The lawsuit
recounts
several cases of men and women with no arrest record who
said they
felt humiliated as they were ordered to disrobe, lift their breasts
or genitals
for visual inspections, and to squat and cough.
The minimum award
will be $250, the maximum $22,500, though
individual plaintiffs
can appeal if they think they deserve a higher award
based on their
emotional suffering. A plaintiff who spent thousands of
dollars on psychiatric
care in the aftermath of a strip-search could seek
additional damages
to cover the fees, for example.
All told, the
settlement would be the largest in a civil rights suit against
New York City,
lawyers said, and appears to be one of the largest civil
rights settlements
against a municipality anywhere.
The agreement,
which is subject to approval by Judge John S. Martin Jr.
of Federal District
Court in Manhattan, and has not yet been announced,
comes after
two years of negotiations over how to compensate such a
huge pool of
victims.
The deal includes
a novel formula that seeks to tailor awards to the
circumstances
of each search and the resulting emotional impact. Both
sides agreed
that some victims had suffered more and therefore deserved
more, like first-time
offenders or those who endured abusive conduct by
jail guards,
or women who were menstruating.
But for others,
the psychological impact may have been less. For
example, the
settlement reduces the probability of larger awards for
people who previously
served time in prison, where strip-searches are
routine. This
part of the settlement would seem to address concerns that
serious criminals
or people who did not suffer psychological injury could
benefit substantially.
The city's Department
of Correction has said that it adopted the policy of
strip-searching
all people arrested on minor charges "for security
purposes." But
a federal appeals court had ruled in 1986 that the Fourth
Amendment barred
strip- searches of people charged with
misdemeanors
or other minor offenses unless there was reasonable
suspicion that
weapons or contraband were concealed.
"This is a precedent-setting
settlement," said Richard D. Emery, the lead
lawyer for the
plaintiffs, "because it recognizes the degrading and
dehumanizing
aspects of a strip- search, and attempts to mold
compensation
to the individual circumstances of each victim of the city's
ill-conceived
policy."
He added that
given the large numbers of victims involved, the sliding
scale formula
for damage awards, which adds or subtracts points
depending on
the circumstances of the search and on whether a plaintiff
has a criminal
record, was the best resolution to the case.