A federal court in Maine granted a class of detainees summary judgment against the Knox County Jail for strip searches conducted without individualized suspicion. Class counsel called the decision a "slam dunk," while defense counsel complained that the judge "got it wrong."

In January 2001, Knox County officials paid former detainee Carmen Miller $450,000 to settle claims related to her strip search at the jail. Two weeks later, on February 7, 2001, Laurie Tardiff was arrested pm a felony charge of tampering with a witness. She was strip searched when booked into the jail. On September 20, 2002, the charge was dismissed and in December 2002, Tardiff brought suit against Knox County and several individual defendants, challenging the February 7, 2001 strip search.

In November 2003, the case was certified as a class action, including all detainees who were strip-searched without individualized suspicion while confined for misdemeanor or non-weapon, non-drug and/or non-violent felony charges, after November 19, 1996. Class counsel estimated that the class included at least 4,200 people.

Considering plaintiffs' request for summary judgment with respect to claims involving felony detainees, the court found that "pursuant to Knox County's written policy" jailors "routinely strip-searched newly-arrived felony arrestees regardless of the charge." It also found "contrary to Defendants' assertion," that the record did "not support a conclusion that a non-violent, non-weapon, non-drug felony charge automatically provides reasonable suspicion to conduct a strip search." 
Therefore, the court granted plaintiff's summary judgment as to the existence of liability, concluding that guards "were following the unconstitutional policy of strip searching all felony detainees when their rights were violated."

Next, the court noted that "Defendants admit to strip searching a significant number of misdemeanor detainees without reasonable suspicion during the relevant class period." The practice "was so widespread" that the court concluded Knox County policy-makers had actual notice of the practice. Yet, jail officials failed to take any steps to eliminate "the unconstitutional misdemeanor search practices." Finally, the court found that plaintiffs established that the practice "was the moving force behind constitutional deprivation of class members." Thus, plaintiffs were granted summary judgment on claims related to the misdemeanor search policy.

The court also granted plaintiffs summary judgment on claims against Sheriff Daniel Davey on the misdemeanor searches, finding that he was recklessly indifferent to the constitutional violations the misdemeanor detainees suffered. The court denied plaintiffs summary judgment on the claims against : Sheriff Davey on the felony strip searches; several individual defendants; and Knox County on Plaintiffs' failure to train claims. See: Tardiff v. Knox County, 397 FSupp2d 115 (D. Me. 2005).

Source: Bangor Daily News

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