Jones v. Bowman

• Decision Date: 26 August 1988
• Docket Number: No. S87-289.,S87-289.
• Citation: 694 F. Supp. 538
• Parties: Marilyn JONES, Plaintiff, v. Dick W. BOWMAN, Office of Sheriff of Elkhart County, In., Stephen E. Platt, Unknown Members of the Elkhart Superior Court Staff, Defendants.
• Court: U.S. District Court — Northern District of Indiana

694 F. Supp. 538

Marilyn JONES, Plaintiff, v. Dick W. BOWMAN, Office of Sheriff of Elkhart County, In., Stephen E. Platt, Unknown Members of the Elkhart Superior Court Staff, Defendants.

No. S87-289.

United States District Court, N.D. Indiana, South Bend Division.

August 26, 1988.

COPYRIGHT MATERIAL OMITTED

Stephen G. Drendall, South Bend, Ind., Richard A. Waples, Indianapolis, Ind., for plaintiff.

John D. Ulmer, Goshen, Ind., for defendants.

David A. Arthur, Deputy Atty. Gen., Indianapolis, Ind., for Stephen E. Platt.

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause is before the court on cross-motions for summary judgment, Fed.R. Civ.P. 56, on the plaintiff's claim for damages and injunctive and declaratory relief based on her week-long detention on a civil body attachment and the strip search to which she was subjected when taken into custody at the Elkhart County Jail. Jurisdiction is vested pursuant to 28 U.S.C. § 1343.

The plaintiff brings this action against a past sheriff, the present sheriff, unnamed county court employees, and a superior court judge. One defendant, Judge Stephen Platt, has not sought summary judgment, and summary judgment was not sought against him. The parties agreed to a dismissal with respect to Judge Platt at a telephonic conference held on August 26, 1988.

For the reasons set forth below, the court concludes that each motion must be granted in part. The court concludes that the Office of Sheriff of Elkhart County is not a proper party for suit; that the strip search violated the plaintiff's Fourth Amendment rights; that genuine issues of fact exist with respect to the existence of a county policy concerning strip searches of pretrial detainees and with respect to the plaintiff's punitive damages claim; that the former county sheriff is entitled to judgment as a matter of law on the plaintiff's claim that the length of her detention violated her constitutional rights; that the moving defendants are entitled to summary judgment on the claims for injunctive and declaratory relief (although the plaintiff remains free to claim to be a "prevailing party" for purposes of a fee award based on post-filing policy changes); that the present sheriff is entitled to judgment on all claims other than the official capacity claim based on the strip search; that the former sheriff is immune from liability on the pendent state false imprisonment claim; and that the facts alleged do not state a pendent invasion of privacy claim.

I. The Plaintiff's Claims

In this action pursuant to 42 U.S.C. § 1983, Marilyn Jones alleges that her Fourth and Fourteenth Amendment rights were violated when, after being admitted to the Elkhart County Jail pursuant to a body attachment issued by Elkhart Superior Court Judge Stephen Platt, she was strip searched and subsequently detained for seven days before being taken to court. Ms. Jones sues former Elkhart County Sheriff Dick Bowman, present Elkhart County Sheriff Randy Yohn¹, Judge Stephen Platt, and unknown staff members of the Elkhart Superior Court. Sheriffs Bowman and Yohn and Judge Platt were sued in their official as well as individual capacities. In addition to her federal claims under § 1983, Ms. Jones alleges that the strip search and detention constituted an invasion of privacy and false imprisonment under Indiana state law. Ms. Jones seeks equitable and declaratory relief as well as compensatory and punitive damages.

The court denied Ms. Jones' motion for a preliminary injunction on June 17, 1987 and her motion for class certification on April 8, 1988.

II. Undisputed Facts

On September 23, 1985, the Sheriff of Johnson County, Indiana arrested Ms. Jones on a body attachment that Judge Platt had issued.² On September 25, 1985, Ms. Jones was picked up in Johnson County by Elkhart Sheriff's deputies and admitted to the Elkhart County Jail. Upon her arrival at the Elkhart County Jail, Ms. Jones was frisked by a female officer, which included patting down Ms. Jones' chest, buttock area and crotch. Ms. Jones was fingerprinted and photographed and read the warrant.

She then was taken to the women's ward, where a female deputy checked her hair, mouth and ears. The female deputy instructed Ms. Jones to step into the shower, remove her clothes and give her clothes to the deputy. Ms. Jones was instructed to lift each of her breasts, turn around and squat three times. No items of contraband or weapons were found; Ms. Jones had not been suspected of concealing such items.

According to the defendants, Ms. Jones arrived at the Elkhart County Jail at 2:10 p.m. on September 25, 1985; at 3:05 p.m., the court was notified that she was in custody. Ms. Jones was taken to court on October 2, 1985, seven days after her arrival at the Elkhart County Jail and nine days after her apprehension.

The strip search policy in effect at the time Ms. Jones' strip search occurred was as follows:

.04 STRIP SEARCH

A. An officer may have a person strip searched if he believes it is in the interest and safety and security of the officers and other inmates, or he believes the subject is concealing some item by finding only part of an item or the action of the person being searched. Strip Searches will not ordinarily be conducted unless the person is processed for long term holding.

B. Male officers will handle male inmates and female officers the female inmates at all times in a strip search situation. Extreme caution should be exercised before deciding to conduct a strip search. Such searches will be handled in a dignified manner.

C. The inmate will be taken to a contained area, preferably a rest room and asked to remove all clothing. The clothing is searched thoroughly. Keep in mind that cuffs, collars, and seams of clothing are good hiding places for contraband. The subject's shoes will be searched inside and out. Be on the watch for false heels and soles as well as the material used for shoestrings.

D. Have the subject face you and put arms straight out at shoulder level. Search hair with your fingers and have subject open mouth. Use wooden tongue depressor to check mouth cavity. Also search nostrils as drugs can be hidden there. Be careful not to stick fingers in the subject's mouth where they can be bitten. Check the armpit area. Have subject turn around and bend over and grab his ankles. Use flashlight to inspect the rectal area. Check the scrotum as some contraband can be concealed around the area under the penis. Check the bottom of the feet.

E. After you are certain the subject has not sic contraband return the clothing to the subject and have him get dressed.

F. NOTE: Be careful if you let the subject remove his own belt. There are small belt buckle knives that look like belt buckles. The wallet can contain a cleverly concealed firearm. There are gun wallets made and sold to the general public. Hair picks may be camouflaged as razor or dagger instruments which look completely innocent at a glance.

.05 EXCEPTIONS TO REQUIREMENT

Persons arrested for traffic offenses and booked into the jail will not be strip searched as a rule but will be frisk searched. Body cavity searches will be only on express permission of the Sheriff, Jail Commander or Jail Warden, and only for just cause.

* * * * * *

.02 STRIP SEARCH

(See GO: 51703.04)

The strip search for the female inmate is the same procedure as for males with the exception of certain body areas. Check the vaginal area while subject is bent over for the rectal search. A search under the breasts is required. It is possible for a female to have pouches surgically placed under the breasts. The pouch cannot be seen by quick observation.

Instruct the subject to lift the breast for inspection.

On July 2, 1987, the Elkhart County Sheriff's Department instituted a new strip search policy which prohibits strip searches of individuals arrested on body attachments or other civil arrests "unless the officer has a reasonable belief the arrestee is concealing weapons or contraband on his or her person".³

Ms. Jones claims entitlement to judgment as a matter of law with respect to the search because the sheriff's personnel had no reasonable suspicion to believe that she was secreting weapons or contraband on her person and, therefore, the strip search violated the Fourth Amendment.

The defendants, other than Judge Platt (hereinafter referred to as "the moving defendants") assert that they are entitled to judgment as a matter of law on eight issues:

(a) punitive damages;

(b) that Sheriff Bowman did not cause Ms. Jones to be detained unlawfully at the Elkhart County Jail;

(c) that Ms. Jones is not entitled to permanent injunctive or declaratory relief;

(d) that Sheriff Yohn had no personal involvement in the actions giving rise to Ms. Jones' complaint;

(e) that Ms. Jones' pendent state claims are barred for her failure to comply with the notice provisions of the Indiana Tort Claim Act;

(f) that Sheriff Bowman is immune from a claim for false imprisonment;

(g) that Ms. Jones' claim of invasion of privacy states no claim under Indiana law; and

(H) that the defendants are immune against a claim for invasion of privacy pursuant to the Indiana Tort Claims Act.

III. Analysis

A party seeking summary judgment must demonstrate that no genuine issue of fact exists for trial and that the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(e); Wilson v. Chicago, Milwaukee, St. Paul & Pacific R.R. Co., 841 F.2d 1347 (7th Cir.1988); Munson v. Friske, 754 F.2d 683 (7th Cir.1985). If that showing is made and the motion's opponent would bear the burden at trial on the matter that forms the basis of the motion, the opponent must come forth with evidence to show what facts are in actual dispute. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Donald v. Polk County, 836 F.2d 376 (7th Cir. 1988). A genuine factual issue exists only when there is sufficient evidence for a jury to return a verdict for...