The plaintiff was arrested in Denver and charged with solicitation and prostitution and held in the city jail. She had the choice of remaining in jail for 48 hours for examination and treatment for sexually transmitted disease or of taking penicillin without examination and being released from jail immediately. She chose to take the penicillin. In Denver, any person arrested for vagrancy, prostitution, rape, or any other sexual offense must be examined and treated for sexually transmitted disease. The plaintiff brought suit against the city and county of Denver, claiming that her civil rights under the Fourth and Fourteenth Amendments had been violated. Are the arrest, involuntary detention, and treatment of individuals suspected to have sexually transmitted disease a valid exercise of the state’s police power?
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