Joan v. City Of Chicago
771 F.2d 1020 (7th Cir. 1985)
Issues
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Nature Of The Case
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Facts
P, a physician in her mid-thirties practicing in Chicago, was arrested for a traffic violation. Pursuant to a D policy that was subsequently declared unconstitutional, five female police department employees strip-searched her. P was forced to remove her clothing and to expose the vaginal and anal areas of her body. The matrons threatened her when she initially refused to comply, used vulgar language, and laughed at her. P testified that the incident caused her emotional distress that manifested itself in reduced socializing, poor work performance, paranoia, suicidal feelings, depression, and an inability to disrobe in any place other than a closet. P introduced evidence tending to show that she was peculiarly sensitive to the kind of physical violation she had endured because she was a private person who, even during high school gym classes, could not completely disrobe in front of others and was conscious of her physical disabilities caused by her chronic arthritis. D conceded liability but introduced evidence tending to show that P suffered no sexual dysfunction or significant decline in work effectiveness. D appealed. D alleged prejudicial remarks made by P's counsel during the closing argument. In rebutting the City's theory that Joan's emotional injuries were insignificant because she had not told various people about the incident, counsel asked, 'Would you tell them if they asked you if that had happened to you?' D did not object to this statement. After D finished its closing argument, P's counsel again addressed the issue of P's reticence about the incident by asking the jury, 'How would you feel?' D objected. The judge overruled the objection, and counsel again asked the jury, 'How would you feel if you had been taken into a cell and over your repeated protestations you had been forced to undress and do the things that D did?'
Rule Of Law
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Holding & Decision
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Legal Analysis
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