This form is a Complaint. This action was filed by the plaintiff due to a strip search which was conducted upon his/her person after an arrest. The plaintiff requests that he/she be awarded compensatory damages and punitive damages for the alleged violation of his/her constitutional rights.
Illinois Complaint For Strip Search - 4th and 14th Amendment, US Constitution - Jury Trial Demand
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US-000282
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FAQ
Without due process, individuals could be detained and deprived of their freedom and life without just cause. If a criminal defendant is deprived of their civil rights, they can challenge the state on those grounds.
What Is Due Process? Due process is a requirement that legal matters be resolved ing to established rules and principles and that individuals be treated fairly. Due process applies to both civil and criminal matters.
When the government seeks to deprive a person of one of those interests, procedural due process requires at least for the government to afford the person notice, an opportunity to be heard, and a decision made by a neutral decisionmaker.
Making room for these innovations, the Court has determined that due process requires, at a minimum: (1) notice; (2) an opportunity to be heard; and (3) an impartial tribunal.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Fourth Amendment right against unlawful search and seizure, the right to a trial by jury, the right to an attorney, and freedom from self-incrimination are all examples of provisions central to procedural due process.
?Opportunity to be heard? refers to a hearing, which is a chance to appear before a court, a committee, a board, or a council to present evidence and argument before being punished by the government.
