Jimenez, et al. v. Texas Alcoholic Beverage Comm’n, et al.

Plaintiffs, Mr. and Ms. Jimenez, sued the County under 42 U.S.C. 1983, alleging constitutional violations stemming from their arrests. Ms. Jimenez claimed that, because she was arrested for a minor offense, she could be strip-searched only upon reasonable suspicion that she was concealing weapons or contraband. The jury ultimately returned a verdict for Ms. Jimenez, the court entered a final judgment against the County, awarding Ms. Jimenez for past and future mental anguish, as well as punitive damages. The County appealed and a panel of the court affirmed. The court granted rehearing en banc and vacated the panel opinion. Because the County had not demonstrated reversible error in the jury instructions in this case, the court affirmed the judgment of the district court. The court reinstated Parts III, IV, and V of the panel opinion, which rejected other arguments that the County had not urged on rehearing.