Chapman v. Nichols

989 F.2d 393, 1993 WL 79414
CourtCourt of Appeals for the Tenth Circuit
DecidedMarch 23, 1993
DocketNos. 92-5122, 92-5178
StatusPublished
Cited by97 cases

This text of 989 F.2d 393 (Chapman v. Nichols) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chapman v. Nichols, 989 F.2d 393, 1993 WL 79414 (10th Cir. 1993).

Opinion

SEYMOUR, Circuit Judge.

Plaintiffs are four women who were arrested for minor traffic violations, taken to the Creek County Jail in Sapulpa, Oklahoma, and subjected to strip searches notwithstanding the lack of reasonable suspicion to believe they were concealing weapons or contraband. They brought this suit under 42 U.S.C. § 1983 (1988) against Doug Nichols, individually and in his official capacity as Sheriff of Creek County, contending that he violated their Fourth Amendment rights by promulgating the policy under which they were searched. Sheriff Nichols appeals the district court’s refusal to grant summary judgment in his favor based on qualified immunity. We affirm.1

I.

Plaintiffs were each stopped at separate times by the Oklahoma Highway Patrol for speeding, and were then arrested for driving with suspended drivers licenses. They were taken to the Creek County Jail and held pending release on bail. Upon arrival at the jail, each was subjected to a strip search by a female jail employee in a small private laundry room. According to their deposition testimony, one plaintiff was asked to stand with her hands over her head, see Aplt.App. at 60-64, one was subjected to a visual inspection of her pubic area, see id. at 69-74, one was required to bend over and grab her ankles, see id. at 79-91, and one, who was searched while the door to the laundry room was ajar, had to bend over and pull her panties down to her ankles, see id. at 104-115. It is undisputed that jail officials conducted these searches solely pursuant to an across-the-board strip search policy applied to all jail detainees, and that the officials had no reasonable suspicion that these particular detainees were carrying or concealing weapons or contraband.

[395]*395Both sides moved for summary judgment. The district court concluded that the law was clearly established at the time of the searches at issue, and that under that law the searches were unconstitutional. The court held accordingly that defendant’s qualified immunity defense was not sustainable on summary judgment and denied his motion. The court ruled, however, that “whether an ‘objectively reasonable’ officer could have believed that conducting the search in private comported with the Fourth Amendment is a question which may have to be submitted to the jury.” Aplt.App. at 16. The district court therefore denied plaintiffs’ motion for summary judgment against defendant Nichols, individually, as to liability.2

Sheriff Nichols appeals the denial of qualified immunity, asserting that the policy at issue is not unconstitutional and that he is entitled to qualified immunity in any event because the law was not clearly established.3 Plaintiffs respond that the policy is unconstitutional, that the law was clearly established, and that the district court therefore erred in holding that fact questions remain on defendant’s qualified immunity'- claim. They further contend that defendant’s appeal is frivolous.

II.

We begin our discussion with the Supreme Court case of Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979), in which the Court articulated the balancing test applicable to alleged unconstitutional searches.

The test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application. In each case it requires a balancing of the need for the particular search against the invasion of personal rights that the search entails. Courts must consider the scope of the particular intrusion, the manner in which it is conducted, the justification for initiating it, and the place in which it is conducted.

Id. at 559, 99 S.Ct. at 1884 (emphasis added).

In this case, it is undisputed that plaintiffs were arrested for minor traffic violations and were awaiting bail, that jail officials had no reasonable suspicion that these particular arrestees were likely to be carrying or concealing weapons or drugs, and that plaintiffs were searched solely because the blanket policy required all detainees to be subjected to a strip search. Every circuit court, including our own, which has considered the above circumstances under the Wolfish balancing test has concluded that a search under these circumstances is unconstitutional. See e.g., Masters v. Crouch, 872 F.2d 1248, 1253 (6th Cir.), cert. denied, 493 U.S. 977, 110 S.Ct. 503, 107 L.Ed.2d 506 (1989); Watt v. City of Richardson Police Dep’t, 849 F.2d 195, 199 (5th Cir.1988); Walsh v. Franco, 849 F.2d 66, 68 (2d Cir.1988); Weber v. Dell, 804 F.2d 796, 801 (2d Cir.1986), cert. denied, 483 U.S. 1020, 107 S.Ct. 3263, 97 L.Ed.2d 762 (1987); Ward v. County of San Diego, 791 F.2d 1329, 1332 (9th Cir.1986), cert. denied, 483 U.S. 1020, 107 S.Ct. 3263, 97 L.Ed.2d 762 (1987); Jones v. Edwards, 770 F.2d 739, 742 (8th Cir.1985); Stewart v. Lubbock County, 767 F.2d 153, 156-57 (5th Cir.1985), cert. denied, 475 U.S. 1066, 106 S.Ct. 1378, 89 L.Ed.2d 604 (1986); Giles v. Ackerman, 746 F.2d 614, 617 (9th Cir.1984), cert. denied, 471 U.S. 1053, 105 S.Ct. 2114, 85 L.Ed.2d 479 (1985); Hill v. Bogans, 735 F.2d 391, 394 (10th Cir.1984); Mary Beth G. v. City of Chicago, 723 F.2d 1263, 1273 (7th Cir.1983); Logan v. Shealy, 660 F.2d 1007, 1013 (4th Cir.1981), cert. denied, 455 U.S. 942, 102 S.Ct. 1435, 71 L.Ed.2d 653 (1982).

There can be no doubt that a strip search is an invasion of personal rights of the first magnitude.

It is axiomatic that a strip search represents a serious intrusion upon personal rights. In [Mary Beth G. v. City of Chicago, 723 F.2d 1263 (7th Cir.1983)], [396]*396the court referred to strip searches as “demeaning, dehumanizing, undignified, humiliating, terrifying, unpleasant, embarrassing, repulsive, signifying degradation and submission.” Mary Beth G., 723 F.2d at 1272. Another court described the indignity individuals arrested for minor offenses experience in the following manner:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Griffith v. El Paso County, Colorado
129 F.4th 790 (Tenth Circuit, 2025)
Clarissa Gilmore v. Georgia Department of Corrections
111 F.4th 1118 (Eleventh Circuit, 2024)
Hyberg v. Enslow
Tenth Circuit, 2020
Baer v. Salt Lake City Corp.
705 F. App'x 727 (Tenth Circuit, 2017)
Webb v. Scott
643 F. App'x 711 (Tenth Circuit, 2016)
Webb v. Thompson
643 F. App'x 718 (Tenth Circuit, 2016)
Stearns v. Clarkson
615 F.3d 1278 (Tenth Circuit, 2010)
Brown v. Short
729 F. Supp. 2d 125 (District of Columbia, 2010)
Shroff v. Spellman
Tenth Circuit, 2010
Shroff v. Spellma
Tenth Circuit, 2010
Bull v. City and County of San Francisco
595 F.3d 964 (Ninth Circuit, 2010)
Myers v. James
344 F. App'x 457 (Tenth Circuit, 2009)
Allison v. GEO Group, Inc.
611 F. Supp. 2d 433 (E.D. Pennsylvania, 2009)
Bullock v. Dart
599 F. Supp. 2d 947 (N.D. Illinois, 2009)
Young v. County of Cook
598 F. Supp. 2d 854 (N.D. Illinois, 2009)
Florence v. Board of Chosen Freeholders
595 F. Supp. 2d 492 (D. New Jersey, 2009)
McCabe v. Mais
580 F. Supp. 2d 815 (N.D. Iowa, 2008)
Powell v. Barrett
496 F.3d 1288 (Eleventh Circuit, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
989 F.2d 393, 1993 WL 79414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chapman-v-nichols-ca10-1993.