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Criminal Law

: Tenth Circuit Blog

No Qualified Immunity for Defendants Who Subjected Plaintiff to Strip Search

By Shari Allison

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Myers v. James, 2009 WL 2050726 (7/16/09) (unpub'd) - The 10th affirms refusal to dismiss a § 1983 action on qualified immunity grounds. It was clearly established that requiring a person arrested for public intoxication to take off her clothes, take a shower and be visually inspected [not cavity searched] by officer violated the 4th Amendment. Nothing in the record established a justification, such as the arrestee would be sent into general population or a reasonable suspicion the arrestee was carrying a weapon.

Full post as published by Tenth Circuit Blog on July 22, 2009 (boomark / email).

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