In 1986, a man who had been an arrestee and a inmate at the Dawson County Jail in Lexington, Nebraska filed a 42 U.S.C. § 1983 action against the county sheriff, the county, and various officers in the United States District Court for the District of Nebraska. The plaintiff sought damages and an ...
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In 1986, a man who had been an arrestee and a inmate at the Dawson County Jail in Lexington, Nebraska filed a 42 U.S.C. § 1983 action against the county sheriff, the county, and various officers in the United States District Court for the District of Nebraska. The plaintiff sought damages and an injunction, claiming that his Fourth Amendment rights were violated. Specifically, the Plaintiff alleged that the blanket policy of strip searching and spraying all detainees with insecticide constituted an unreasonable search under the Fourth Amendment.
On March 2, 1984, the Plaintiff was arrested for failing to submit to a breath test during a stop for driving while intoxicated. While he was detained in the Dawson County Jail, officers brought him into private, ventilated room and ordered him to disrobe. They subsequently inspected his body for any open sores or signs of contagion, ordered him to cover his face with a towel, and sprayed him from head-to-toe, especially the genital and anal areas, with an insecticide meant to kill crab and head lice. The procedure was repeatedin January of 1986 when the plaintiff was arrested for driving on a suspended license.
When Plaintiff was serving a sentence at the Dawson County Jail, he was subjected to daily strip-searches and insecticide dousing, because he was on daily work release. The County alleged that this practice was to abate the public health risk of outbreaks at the jail.
On August 4, 1987, in, the magistrate judge recommended that the Court (Judge Lyle E. Strom) grant Plaintiff's Motion for Partial Summary Judgment, holding that the policy and practice of requiring disrobing and spraying of insecticide constituted a search under the Fourth Amendment, and that the county's purported justification was not reasonable. The Magistrate recommended summary judgment for the two officer defendants, as Monell liability did not attach to them.
We have no further information about this case.Blase Kearney - 04/29/2012