Watley v. Pike Cnty.
| Decision Date | 16 November 2018 |
| Docket Number | NO. 3:17-CV-1539,3:17-CV-1539 |
| Parties | JOSEPH J. WATLEY, Plaintiff, v. PIKE COUNTY, et al., Defendants. |
| Court | U.S. District Court — Middle District of Pennsylvania |
(JUDGE CAPUTO)
Presently before me is the Motion for Summary Judgment (Doc. 12) filed by Defendants Pike County (the "County"), Pike County Correctional Facility ("PCCF"), and Sergeant Joseph Rametta ("Rametta") (collectively, where appropriate, "Defendants").1 Plaintiff Joseph Watley ("Watley") claims that Defendants violated his rights under the Fourth and Fourteenth Amendments to the United States Constitution when he was subjected to a recorded strip search at PCCF in May 2016. Because Defendants did not violate Watley's constitutional rights, the motion for summary judgment will be granted and judgment will be entered in favor of Defendants.
Watley was arrested by the Pennsylvania State Police on May 11, 2016 and charged with three traffic violations. .2 ThePennsylvania State Police brought Watley before a magisterial district judge. (See id. at ¶ 2). Watley was committed to PCCF after he did not post the collateral imposed by the magisterial district judge. (See id. at ¶¶ 2-3). Collateral was ordered because Watley (Id. at ¶ 4 & Ex. "A", 10-12). Watley was subsequently ordered released from PCCF by the magisterial district judge on May 12, 2016. (See id. at ¶ 5).3
When Watley arrived at PCCF, Pennsylvania State Police troopers informed Sergeants Norman and Rametta that Watley was a sovereign citizen that does not communicate with law enforcement. (See id. at Ex. "A", 33). A nurse was summoned to the sally port in an attempt to communicate with Watley, but Watley remained silent and refused to answer any medical questions. (See id. at 33). Watley was "thoroughly patted down" and escorted into PCCF. (Id.). Watley was given a second pat down and placed in intake cell 3 with no issues. (See id.).
Corrections Officer Forshay offered Watley his meal, but he did not respond. (See id. at 60). Forshay reported at that time that Watley stated something to theeffect that "time is ticking" or "the clock is ticking." (See id. at 33, 60). Watley disputes that he made this statement. (See Watley Dep., 32:21-33:12). Rather, he remained silent through the whole process. (See id. at 33:2-10).
Physician Assistant Volpe and a nurse were instructed to enter Watley's cell and attempt to communicate with him. (See Defs.' SMF, Ex. "A", 33). Watley did not communicate and remained silent. (See id.). Volpe's notes provide, in part:
He had refused to talk to anyone since here, refused to sign forms or speak with the nurse or get vitals taken or give any info. I went to intake area, went in to his cell accompanied by the nurse. We both attempted several times to get him to speak with us and told him he would be put on a L 1 watch and in a suicide smock if we could get nothing from us to make any reasonable judgments about him. He rolled over laying with face toward the wall and refused to acknowledge us in any way after that.
(Id. at Ex. "A", 32). Volpe placed Watley on Level 1 suicide watch. (See id.).
A criminal history check of Waltey was conducted through a service called JNET. (See id. at Ex. "A", 31). That search revealed Watley had a prior assault conviction. (See id. at 30; see also Rametta Dep., 15:24-16:8).
Forshay completed a PCCF "Criteria for Unclothed Search Form on New Commitments" for Watley. (See Defs. SMF, Ex. "A", 30-31). That form states: (Id.). The first criterion applicable to Watley was (Id.). The second criterion found for an unclothed search of Wately was "Commitment has a known history of suicide attempts/threats or current thoughts/ideations; State facts to support: Inmate was placed on a Level 1 suicide watch per medical." (Id.).
Watley was given the opportunity to consent and cooperate with an unclothed search. (See Defs.' SMF, ¶ 22; Pl.'s SMF, ¶ 22). He refused. .
Rametta, a supervisor on duty when Watley was brought to PCCF, approved the unclothed search. (See Defs.' SMF, ¶ 23; Pl.'s SMF, ¶ 23). Rametta approved the search for two reasons. (See Rametta Dep., 15:24-16:14). First, Rametta did "a background check on Mr. Watley, and a prior conviction for assault appeared on his background, so that automatically grants us the right to give him an unclothed searched based on the fact that he has a prior 'felony or misdemeanor conviction involving violence, weapons, illegal contraband, illegal substance, or predatory behavior,' so he's automatically granted an unclothed search for that reason." (Id.). Second, an unclothed search was authorized because Watley was placed on suicide watch. (Id.).
Staff reported to Watley's cell. (See Defs.' SMF, Ex. "B").4 Watley refused requests to stand, and he remained in his bunk. (See Defs.' SMF, ¶ 41). Watley also refused to walk to bulk storage. (See id. at ¶ 42; see also id. at Ex. "B"). Watley was then lifted and escorted into bulk storage. (See id.). There, he was asked to give officers his clothing so he could be placed in a safety smock. (See id.). Watley did not respond or remove his clothing. (See id.). Watley, while seated, had his shirt removed by staff. (See id.). Watley was then instructed to remove his pants. (See id.). He did not comply, and he was lifted to his feet and his pants and underwear were removed for him. (See id.) Watley was then placed in a suicide smock. (See id.). Watley was non-combative but passively resistant during this encounter. (See id.). The officers did not examine Watley's genitals or buttocks, but they were visible to the officers. (See Defs.' SMF, ¶ 44; Pl.'s SMF, ¶ 44). No contraband was located. (See RamettaDep., 28:17-19). Watley was escorted back to cell 3. (See Defs.' SMF, Ex. "B").
These events, i.e., the escort to bulk storage, the undressing of Watley, and his return to cell 3, were recorded on a hand held body camera. (See Defs.' SMF, ¶ 46; Pl.'s SMF, ¶ 46). Either Rametta or Norman made the decision to record the search. (See Rametta Dep., 27:14). Although the policy is that inmates are only recorded from the waist up, the recording briefly displays Watley unclothed below his waist. (See id. at 27:15-24; see also id. at Ex. "B").
Watley has little recollection of the events that occurred at PCCF, recalling only "general things." (See Watley Dep., 28:24-41:2). Watley does not remember what happened when he was first brought to PCCF, whether he was requested to sign any forms, or whether he was searched when he arrived. (See id. at 29:2-19). He also does not recall being asked whether he intended to hurt himself, nor does he remember being examined by Volpe. (See id. at 31:4-24). Watley also has no memory of whether he was asked to consent to an unclothed search. (See id. at 32:17-20). Watley does not know if he was offered any meals or drinks while at PCCF, but he knows he did not eat or drink while he was there. (See id. at 33:25-34:20). Watley further is unaware of whether he was informed that he was going to be placed on suicide watch. (See id. at 34:23-35:1). Watley does not remember how he got back to his cell after the search. (See id. at 39:8-13).
Watley does recall that he was strip searched at PCCF not long after he was at the facility, but he does not know the exact time it occurred. (See id. at 35:14-16). He also remembers that after he was carried out of his cell and all of his clothing was taken off, he "was wrapped up in some sort of a binding outfit and then put back into the cell that way." (See id. at 30:19-22, 37:17-38:1). Watley knows that an officer was holding a video camera at that point, but he does not remember if any words were spoken. (See id. at 38:2-5). He also remembers that he did not speak a word that night. (See id. at 32:24-25). Watley additionally recalls an officer making a derogatory comment after he was bound up in the smock. (See id. at 36:21-37:7). Hedoes not recall it exactly, but he remembers a "snickering, humiliating type of thing." (Id. at 40:17-18).
During his time at PCCF, Watley was never placed in general population and he did not share a cell with any other inmates. (See Rametta Dep., 26:2-12). Watley testified that he remembered being in a cell alone. (See Watley Dep., 35:2-5).
In its Standard Operating Procedures, PCCF has a policy governing "Inmate/Detainee Searches." (See Defs.' SMF, Ex. "A", 23). That policy provides:
The Pike County Correctional Facility will conduct the least intrusive pat searches and unclothed searches when necessary and appropriate of individuals committed to or housed in the Facility. They will be conducted by trained security staff. The purpose of these searches will be to minimize the introduction, circulation, and use of contraband in the Facility and to create a safe and secure environment for staff, inmates/detainees and visitors. The Pike County Correctional Facility recognizes that the use of these searches may, under certain conditions, be necessary to protect the safety of staff, civilians, and inmates/detainees; to detect and secure evidence of criminal activity; and to safeguard the security, safety, and...
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