New York City Faces Massive Payout in Strip-Search Suit

The city is trying to settle a lawsuit filed on behalf of more than 60,000 people who claim they were illegally strip-searched after being arrested for minor offenses and, if previous cases are any indication, the cash payout could be staggering.

The magnitude of the problem for New York became clear when a federal jury ordered it to pay more than $5 million to just one such victim.

A class-action lawsuit charges that at least 63,000 other people--and perhaps as many as twice that number--were illegally strip-searched by jail guards in 1996 and 1997.

In 1997, the city ordered an end to the practice, 10 years after a federal appeals court ruled that strip searches of people charged with minor offenses are unconstitutional unless authorities have reason to believe they are hiding weapons or other contraband.

City lawyers are trying to settle the lawsuit, though they would not reveal specific settlement amounts being discussed.

Last week, a federal jury in New York City awarded a woman strip-searched by jail guards $5 million in punitive damages and $19,600 for pain and suffering and medical expenses.

On Wednesday, Mayor Rudolph W. Giuliani said the $5-million verdict will probably be overturned on appeal.

“We are pretty certain that the ultimate amount the city will have to pay is going to be in the range of $25,000, which is a far cry from $5 million,” Giuliani said.

Lawyers handling the class-action lawsuit said that, even if the $5-million punitive damages award is overturned, the $19,600 compensatory award would be a good gauge of what a jury might award each of their 63,000 clients.

The city also recently agreed to pay $25,000 each to four Fordham University students who were strip-searched by police.

If each of the 63,000 people in the class-action suit is awarded $20,000, the city’s total bill would be more than $1.2 billion.

Giuliani said the searches took place without the knowledge of senior Corrections Department officials.

“This is a situation that was going on and, when it was found out about, it was ended,” he said. “There are people that are entitled to some degree of compensation for it, but they are not entitled to win the lottery over it.”

Matthew D. Brinckerhoff, one of the lawyers handling the class-action lawsuit, said he found it hard to believe that city officials were unaware that strip searches were being conducted. “It is shocking neglect if they didn’t know,” he said.