On September 8, 2008, Plaintiffs filed a federal class action lawsuit under 42 U.S.C. § 1983 against McLennan County, McLennan County Sheriff's Office, and others in the U.S. District Court for the Western District of Texas, Waco Division.

The named plaintiffs were each arrested for driving under the influence of alcohol. In each case, the arresting officer took the plaintiff to the McLennan County jail where he was subjected to a visual body cavity search. Plaintiffs allege that the strip searches were performed prior to any appearance before a judge and without individualized reasonable suspicion that either plaintiff was concealing weapons or contraband.

Plaintiffs allege that the McLennan County Sheriff's Deputies routinely follow a policy of strip searching pre-arraignment detainees without having an individualized reasonable suspicion that such a search would be productive of weapons or contraband.

Plaintiffs seek monetary damages and declaratory and injunctive relief. Specifically, Plaintiffs claim damages for "distress, anguish, suffering, humiliation, deprivation of constitutional rights, and other incidental, consequential, and special damages" all arising from the strip search that each defendant endured. Plaintiffs also allege that the defendants acted in a "malicious, reckless, wanton, oppressive, and/or fraudulent" way that justifies an award of punitive damages. Plaintiffs additionally ask the Court to enjoin Defendants from strip searching persons arrested for non-violent, non-drug related crimes.

On May 19, 2009, in a 17-page ruling, the U.S. District Court (Judge Walter S. Smith Jr.) ordered that Plaintiff's claims against "the McLennan County Sheriff's Department" and against "Sheriff Larry Lynch in his Official Capacity" be dismissed. However, the Court denied Defendants' motion to dismiss for failure to allege a constitutional violation. Taking as true all of Plaintiffs' allegations, the Court held that Plaintiffs alleged a constitutional violation but lacked standing to pursue injunctive relief, because any threat of future harm to the named Plaintiffs is based on a hypothetical situation where they again violate the law.

After the ruling on Defendants' motions to dismiss, Plaintiffs sought class certification. On October 30, 2009, Judge Smith Jr. denied the motion.

On January 19, 2010, the parties filed a joint motion to withdraw and pursue non-binding mediation through the Court's Alternative Dispute Resolution ("ADR") program. The parties reached a settlement whose terms are not available at the time of this writing.

On May 11, 2010, pursuant to the Stipulation of Dismissal filed by the parties, the Court (Judge Smith Jr.) dismissed the case with prejudice.

Xin Chen - 04/08/2011


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