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Tuesday, March 23, 2010

City Reaches Strip Search Settlement

For years, tens of thousands of people sent to city jails were subjected to illegal strip searches. Now, after plenty of litigation, the city has agreed to pay them millions of dollars. NY1's Bobby Cuza filed the following report. David Sanchez was arrested in November 2006 for misdemeanor marijuana possession. Though searched twice by police, at Rikers Island he was subjected to a much more invasive procedure. "I squatted. I grabbed my buttcheeks. Wow. It’s like a blur now. But I had to run my fingers through my hair, through my mouth. I had to grab my genital area and lift it for them," Sanchez said. Sanchez' charges were later dismissed, but he joined a lawsuit against the city. On Monday, lawyers announced the city has agreed to pay $33 million to settle the case. An estimated 100,000 people who came through Rikers Island and other city jails between 1999 and 2007 could be eligible under the class-action suit. Under the law, those arrested on misdemeanor charges can be strip searched only if there's reasonable suspicion the person is concealing contraband. Attorneys say city corrections officers performed mass strip searches even after the city said they has been discontinued in 2002. They also say two women were even given gynecological exams without their consent. "It was a means of subjecting or exercising their power over people coming into the system," said attorney Mariann Wang. "It was horrifying, it really was," Sanchez said. "Because I’m a grown man, having to take off my clothes in front of corrections officers. And when you question why are you getting strip searched, their only response is just shut up and do as you're told." In a statement, the city said it has "worked diligently to ensure that both safety and privacy are given high consideration during intake search procedures. The settlement reached today is the final step in a process during which DOC's intake search procedures were modified in 2007." Plaintiffs could each receive up to $2,900, depending on how many file claims. Those who believe they may be eligible can call 800-760-5508 or visit nycstripsearch.com for more information. Attorneys say based on past experience, they expect only about 15 percent of those eligible will come forward and file a claim, which works out to about $1,800 or $1,900 per person. They also say settlement payments could begin by the end of the year.

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