This strip search case was filed on April 10, 1998 in the United States District Court for the District of Maine by a woman who claimed Fourth Amendment and state law violations arising out of her arrest and incarceration by the Rockport police and the county sheriff. The plaintiff was arrested on a two-year-old outstanding warrant for driving with an expired inspection sticker and for failing to appear in court. During intake, she was strip searched and, while naked, required to squat and cough. This procedure was repeated after a visit from her husband. She and her husband sued the officers involved, the county, the town and the sheriff.

Plaintiffs' motions for sanctions resulting from discovery disputes (and for default judgment against the county) were referred to the Magistrate (Mag. Judge Eugene W. Beaulieu) who recommended, and the Court (Judge George Z. Singal) agreed, that Defendants' counsel personally satisfy a $2500 sanction.

On August 30, 1999, the Court (Judge Brody) granted Defendants' motions for summary judgment as to the Fourth Amendment claims, finding that the multiple strip searches were completely unjustified, but that none of the Defendants could be held liable, due to qualified immunity and the absence of municipal and supervisory liability. The Court declined to exercise jurisdiction over the Plaintiffs' pendent state claims.

On appeal to the United States Court of Appeals for the First Circuit, the Court overturned the District Court's grant of summary judgment as to the arresting officer's liability, and held that factual issues regarding the Sheriff's involvement precluded summary judgment the claim against the County. Miller v. Kennebec County, 219 F.3d 8 (1st Cir. 2000)

The case was remanded for further proceedings, but we have no information as to the result.

Denise Heberle - 04/18/2012


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