Tardiff v. Knox County
| Decision Date | 02 November 2005 |
| Docket Number | No. Civ. 02-251-P-C.,Civ. 02-251-P-C. |
| Citation | 397 F.Supp.2d 115 |
| Parties | Laurie TARDIFF, individually and on behalf of others similarly situated, Plaintiffs v. KNOX COUNTY, Daniel Davey, in his individual capacity and in his official capacity as Knox County Sheriff, and Jane Doe and John Doe, in their individual capacities, Defendants |
| Court | U.S. District Court — District of Maine |
Dale F. Thistle, Law Office of Dale F. Thistle, Newport, ME; Sumner H. Lipman, Robert J. Stolt, Lipman, Katz & McKee, Augusta, ME; Frank P. Diprima, Law Office of Frank P. Diprima, Morristown, NJ; and Peter T. Marchesi, Wheeler & Arey, P.A., Waterville, ME, for Plaintiffs.
John J. Wall, III, Monaghan Leahy, LLP, Portland, ME, and Peter T. Marchesi, Wheeler & Arey, P.A., Waterville, ME, for Defendants.
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION PARTIAL FOR SUMMARY JUDGMENT
Plaintiffs bring this action against Defendants Knox County, Knox County Sheriff Daniel Davey, and individual corrections officers Jane Doe and John Doe for violations of their civil rights pursuant to 42 U.S.C. § 1983. See Amended Complaint (Docket Item No. 2). Specifically, Plaintiffs' Amended Complaint alleges that as a result of being strip searched without reasonable suspicion their constitutional rights were violated by Knox County (Count I), Sheriff Daniel Davey (Count II), Corrections Officer Jane Doe (Count IV) and Corrections Officer John Doe (Count VI).1 The class previously certified in this case is as follows:
All people who after November 19, 1996, were subjected to a strip search and/or visual body cavity search without evaluation for individualized reasonable suspicion while being held at the Knox County Jail:
(1) after having been arrested on charges that did not involve a weapon, drugs, or a violent felony; or
(2) while waiting for bail to be set on charges that did not involve a weapon, drugs, or a violent felony; or
(3) while waiting for an initial court appearance on charges that did not involve a weapon, drugs, or a violent felony; or
(4) after having been arrested on a warrant that did not involve a weapon, drugs, or a violent felony.
Plaintiffs now move for Summary Judgment with respect to all liability claims.
In Maine, the specific standards pursuant to which strip searches may be undertaken in correctional facilities come from the Attorney General. See 5 M.R.S.A. § 200-G(1)(2002) (). The Attorney General's Rules for Strip Searches define a strip search as "a search during which the arrestee's body surface, including an arrestee's anal cavity and a female arrestee's vaginal cavity and breasts, is visually inspected." Plaintiffs' Ex. 10; Defendants' Ex. 58.2 The Attorney General's "Rules for Strip Searches, Mouth Searches and Body Cavity Searches of Arrestees" provides, in relevant part:
1. Strip searches and mouth search. An arrestee may be subjected to a strip search and mouth search if any one of the following preconditions for such searches exists:
A. Probable cause and warrant.....
B. Contact with inmates of a detention facility-arrestee for murder or a Class A, B, or C crime. An arrestee for murder or a Class A, B, or C crime, or a corresponding juvenile offense, may be subjected to a strip search and mouth search if such arrestee is about to come into contact with any inmate of a detention facility.
C. Contact with inmates of a detention facility — all other arrestees. An arrestee for other than murder or a Class A, B, or C crime, or corresponding juvenile offense, may be subjected to a strip search and mouth search if
1) the law enforcement officer authorizing such search has reasonable suspicion to believe that the arrestee is concealing on or inside his body a weapon, contraband, or evidence of a crime, and
2) the arrestee is about to come into contact with any inmates of a detention facility. Reasonable suspicion may be based on such factors as the nature of the offense for which the arrestee is arrested, the nature of offenses for which the arrestee has previously been arrested, the arrestee's appearance, and the arrestee's conduct.
Defendants' Ex. 58. The Standard, which the Department of Corrections applies for strip searches, provides:
D.22. Strip searches shall be conducted in compliance with the rules promulgated by the Maine Attorney General under 5 MRSA, Section 200G. At a minimum, strip searches shall:
a. Be conducted only by, and in the presence of, staff of the same sex as the inmate;
b. Be conducted in private and in a manner that preserves the dignity of the inmate;
c. At the time of arrest or admission to the facility, may conduct a strip search when a pre-trial inmate charged or held for murder, or a Class A, B, or C offense;
d. At the time of arrest or admission to a facility, not conduct a strip search of a pre-trial inmate charged with a Class D, E or other misdemeanor offense unless the officer has reasonable suspicion to believe that an inmate is concealing contraband and is about to come into contact with inmates of the facility;
e. In the case of an inmate taken into custody for execution of a sentence or already an inmate of a detention facility, be subject to strip search at any time, to include when the inmate enters or leaves a security perimeter f. All strip searches conducted at the time of arrest or admission shall be recorded and include at a minimum:
1. Name of the inmate and the staff person conducting the strip search and other persons present;
2. In the case where required under 5 MRSA, Section 200G, justification for the strip search.
Maine law requires that "Each strip search or body cavity search shall be recorded in a log kept by the Department of Public Safety, sheriff's department or police department indicating the person who ordered the search, the name of the arrestee and the parts of the body searched." 5 M.R.S.A. § 200-G(2)(D). With respect to record keeping the Attorney General's Rules provide:
Each strip search, mouth search, and body cavity search of an arrestee shall be recorded in a log kept by the law enforcement agency whose officers were involved in the search.
The log shall indicate the name of the officer who ordered the search, the name of the officer or medically trained personnel who conducted the search, the names of the officers present at the search, the name of the arrestee, the parts of the body searched, and the justification or justifications for the search, e.g., (1) search warrant, (2) exigent circumstances and probable cause, (3) consent, (4) contact of arrestee for murder, a Class A, B, or C crime, or corresponding juvenile offense, with inmates of a detention facility, or (5) reasonable suspicion combined with contact of arrestee for other than murder, a Class A, B, or C crime, or corresponding juvenile offense, with inmates of a detention facility.
Where the justification for a warrantless search is based on the existence of probable cause or reasonable suspicion, such probable cause or reasonable suspicion shall be summarized in the log.
Daniel Davey is the elected Sheriff of Knox County in 1985 and has served as Sheriff continually since then. Davey Aff. ¶ 1. As Sheriff of Knox County, Mr. Davey has final decision-making authority with respect to all policy and operational matters at the Knox County Jail. Davey Aff. ¶ 2. Officially established jail policies and procedures are generally drafted by the Jail Administrator, and then provided to Sheriff Davey for approval. Davey Aff. ¶ 2. All jail policies are also provided to the Department of Corrections for approval. Id. Sheriff Davey is the only individual at the Knox County Jail with the ability to make final decisions regarding the implementation of a jail policy or procedure. Id.
Knox County Jail Policy D-220 entitled "Search Procedures" was revised in January 1994, and provided in relevant part:
Procedure A Search Procedures — General
Body searches will be performed on inmates in the least degrading manner by corrections officers prior to beginning the admission process. The officer performing the search will:
Strip search all incoming inmates prior to placement in the general population;
. . . . .
. . . . .
Definition: A strip search is any unclothed search during which the inmate's body surface and cavities are visually inspected, with lifting or moving of body parts done by the individual being searched.
The intake Officer will conduct a strip search and mouth search on any inmate admitted to the facility who is:
Unable to bail on charges.
Charged with murder, or Class A, B or C crimes whether the individual is an adult or juvenile.
Allowed contact with any other inmate in the jail.
Exceptions: If an officer has reasonable suspicion to believe an inmate is concealing on or inside his/her body a weapon, contraband or evidence of a crime.
1. 1994 Department of Corrections Policy Review and Jail Inspection
In May of 1994, the Department of Corrections conducted a review of Section D of the Knox County Jail Policy and Procedure Manual. The review was conducted by Maine Jail Inspector John Hinckley. Davey Aff. ¶ 7; Affidavit of Raymond Voyer ¶ 2. The policy review informed Sheriff Davey that Policy D-220, pertaining to body searches, needed to be revised to comply with the Attorney General's Rules for searches. Davey Aff. ¶ 7; Voyer Aff. ¶¶ 3, 4; Defendants' Ex. 55. In September, October, and November of 1994, the Department of Corrections undertook an inspection of the Knox County Jail. Mr. Hinckley, conducted that inspection and, during that inspection, Lt. Cathy Wyman indicated...
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