On July 27, 1998, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the Village of Babylon, a Suffolk County Police Officer, the County of Suffolk, and the Babylon Village Court Clerk in the United States District Court for the Eastern District of New York. Plaintiff, represented by ...
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On July 27, 1998, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 against the Village of Babylon, a Suffolk County Police Officer, the County of Suffolk, and the Babylon Village Court Clerk in the United States District Court for the Eastern District of New York. Plaintiff, represented by private counsel, requested damages, alleging false arrest, unconstitutional search, and denial of due process.
On May 8, 1997, Defendant Officer arrested Plaintiff on an outstanding warrant for a traffic violation and took her to the Second Precinct. Plaintiff alleged Defendant Court Clerk failed to carry out her duties because Plaintiff was arrested pursuant to a warrant that had been recalled on October 9, 1996, but had remained in the active warrant list. At the precinct, Defendant Officer searched Plaintiff. Plaintiff was asked to remove her clothing and reposition her underwear. Plaintiff alleged she was searched at the Fourth Precinct and the Central Islip courthouse but Plaintiff did not identify the officers who conducted these searches. Plaintiff alleged the officer searched her without reasonable suspicion that she concealed contraband. Plaintiff alleged the County was liable because the searches were performed pursuant to County policy.
The parties filed cross-motions for summary judgment on August 7, 2000.
On December 20, 2000, the District Court (Judge Leonard D. Wexler) granted summary judgment to Defendants on Plaintiff's false arrest and due process violation claims. The Court granted summary judgment to Plaintiff as to the illegality of her search. The Court held: (1) mistaken arrest on recalled warrant was not due process violation because a County employee must have been deliberately indifferent to Plaintiff's rights in order to be a Constitutional violation, rather than a mistake; (2) arresting officer had qualified immunity against false arrest claim because the officer acted pursuant to an arrest warrant; but (3) partial strip search violated Fourth Amendment, since neither nature of offense nor circumstances of arrest created suspicion that would justify the search. The Court left for trial issues of damages on strip-search, qualified immunity and municipal liability. The Court did not have sufficient information to decide whether the search was conducted pursuant to County policy. Mason v. Village of Babylon, 124 F.Supp.2d 807 (E.D.N.Y. 2000).
On November 30, 2001, the parties filed a stipulation of discontinuance, dismissing the case without costs or attorney's fees to either party. The case was closed on January 7, 2002.Shira Gordon - 04/06/2012