McCabe v. Mais
| Citation | 580 F.Supp.2d 815 |
| Decision Date | 02 October 2008 |
| Docket Number | No. 05-CV-73-LRR.,05-CV-73-LRR. |
| Parties | Alice McCABE and Christine Nelson, Plaintiffs, v. Michelle MAIS, Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
David A. O'Brien, Willey, O'Brien, Mullin, Laverty & Hanrahan, LC, Matthew James Reilly, Eells & Tronvold, Cedar Rapids, IA, for Plaintiffs.
Megan Lindholm Rose, U.S. Department of Justice, Zachary Carl Richter, USDOJ, Civil-Torts Branch, Washington, DC, Todd Davis Tripp, Linn County Attorney Office, Cedar Rapids, IA, for Defendant.
The matters before the court are Defendant Michelle Mais's Renewed Motion for Judgment as a Matter of Law ("Renewed Motion") (docket no. 285) and Motion for New Trial ("Motion") (docket no. 284) (collectively, "Motions").
From May 27, 2008 to June 4, 2008, the court held a jury trial on the remaining claims in the Fifth Amended & Substituted Complaint ("Fifth Amended Complaint") (docket no. 165). Attorneys David A. O'Brien and Matthew J. Reilly represented Plaintiffs Alice McCabe and Christine Nelson. Attorneys Zachary C. Richter and Megan L. Rose represented Defendant Bruce Macaulay. Assistant Linn County Attorney Todd D. Tripp represented Defendant Michelle Mais.
The court submitted two categories of claims to the jury: (1) Plaintiffs' First and Fourth Amendment claims against Defendant Macaulay, see Fifth Amended Complaint at ¶¶ 39-50, and (2) Plaintiffs' Fourth Amendment claims against Defendant Mais, see id. at ¶¶ 47-50. Plaintiffs had sued Defendant Macaulay, in accordance with Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), on the theory that he had illegally arrested Plaintiffs because they were protesting President George W. Bush and his policies. Plaintiffs had sued Defendant Mais, under 42 U.S.C. § 1983, on the theory that Defendant Mais had conducted illegal strip searches and visual body cavity searches ("VBC searches") of Plaintiffs' vaginas and anuses.
Consistent with Peterson v. City of Plymouth, 60 F.3d 469, 475-76 (8th Cir. 1995), and in recognition that Defendant Mais had conceded liability to Plaintiffs, the court asked the jury a series of factual questions in lieu of general verdicts on Plaintiffs' claims. In response to such questions, the jury found: (1) in light of the information available to Defendant Macaulay at the time of Plaintiffs' arrests, Defendant Macaulay had a reasonable basis to conclude that Plaintiffs had disobeyed a law enforcement officer's order to move; (2) Defendant Macaulay caused Plaintiffs' arrests; (3) Defendant Macaulay's decision to cause Plaintiffs' arrests was not motivated by their protest of President George W. Bush or his policies; (4) Plaintiffs did not suffer any damages as a direct result of Defendant Macaulay's decision to cause their arrests; and (5) as a direct result of Defendant Mais's strip searches and VBC searches, Plaintiff McCabe suffered $250,000 in damages and Plaintiff Nelson suffered $500,000 in damages.
On June 4, 2008, the court entered an Order ("Judgment Order") (docket no. 279), in which it applied the law to the jury's factual findings. With respect to Plaintiffs' First and Fourth Amendment claims against Defendant Macaulay, the court held that such claims failed on at least four alternative grounds: (1) such claims failed as a matter of law for want of proof; (2) Defendant Macaulay had probable cause to arrest Plaintiffs; (3) Defendant Macaulay had arguable probable cause to arrest Plaintiffs and thus was entitled to qualified immunity; and (4) Plaintiffs failed to prove they incurred any damages as a direct result of Defendant Macaulay's conduct. With respect to Plaintiffs' Fourth Amendment claims against Defendant Mais, the court ordered Defendant Mais to pay a combined $750,000 to Plaintiffs—$250,000 to Plaintiff McCabe and $500,000 to Plaintiff Nelson.
On June 10, 2008, Defendant Mais filed the Motions, pursuant to Federal Rules of Civil Procedure 50(b) and 59(a). On June 20, 2008, Plaintiffs filed a Resistance (docket no. 290) to the Renewed Motion. On June 27, 2008, Plaintiffs filed a Resistance (docket no. 291) to the Motion. Defendant Mais did not reply.
Neither party requests oral argument on the Motions, and the court finds oral argument is not appropriate. The Motions are fully submitted and ready for decision.
The relevant facts are undisputed. At trial, Defendant Mais conceded that she violated Plaintiffs' Fourth Amendment rights when she strip searched and VBC searched Plaintiffs at the Linn County Jail ("Jail"). The only issue was the amount of Plaintiffs' damages. The parties presented the following facts at trial:
A. Players
At the time of their arrests, Plaintiffs were two Iowa residents who disagreed with President George W. Bush's policies. Specifically, they were two retired schoolteachers who opposed the war in Iraq.
Defendant Mais was a Linn County Deputy Sheriff. Defendant Mais worked at the Jail from September of 2003 to October of 2004.
Mr. Michael J. Carr was the Administrator of the Jail. Administrator Carr developed and enforced the Jail's policies. He was also responsible for its day-to-day operations and budget.
B. Jail
In September of 2004, the Jail held 380 persons: (1) pre-arraignment detainees; (2) post-arraignment, pre-trial detainees; (3) inmates serving sentences pursuant to an order of a state court; and (4) persons held for various reasons on behalf of other jurisdictions, including the federal government. The persons held in the Jail were accused or convicted of having committed a wide range of offenses, from traffic offenses to murder. On average, ten to fifteen percent of the Jail's population was female.
Annually, approximately fourteen thousand persons entered the Jail for purposes of detention. At any given time, nine Linn County Deputy Sheriffs were working at the Jail. Administrator Carr developed policies and procedures to ensure the safety of all persons at the Jail, including the Jail's employees. At issue at trial was the Jail's intake process for pre-arraignment detainees.
Pre-arraignment detainees entered the Jail through a secure sally port and immediately began the intake process. The intake process consisted of three stages: (1) pat-down searches; (2) application of "REVISED DIRECTIVE 02-01" ("Policy") (emphasis in original); and (3) booking.
When pre-arraignment detainees arrived at the Jail, they were usually already in handcuffs and wearing street clothes. Jail employees immediately conducted pat-down searches of the detainees' persons. A pat-down search is a relatively unintrusive measure designed to ensure that the detainee is not carrying any contraband or weapons. The detainees were then unhandcuffed.
Administrator Carr did not permit pre-arraignment detainees to wear their personal clothing in the Jail under any circumstances; he required pre-arraignment detainees to exchange all personal clothing for a Jail-issued uniform. This "clothing exchange procedure" served many purposes. A pre-arraignment detainee's personal clothing might be unsanitary. Further, allowing...
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...Public Policy,20, 807–832.Maruschak, L. M. (2009). HIV in prisons, 2007-08. Washington, DC: U.S. Department of Justice.McCabe v. Mais, 580 F. Supp. 2d 815 (N.D. Iowa 2008).Minton, T. D. (2011). Jail inmates midyear 2010. Washington, DC: U.S. Department of Justice.Mitchell v. Cate, Case No. ......