Evans v. City of Zebulon

351 F.3d 485, 2003 WL 22707338
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 18, 2003
DocketNo. 02-16424
StatusPublished
Cited by8 cases

This text of 351 F.3d 485 (Evans v. City of Zebulon) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Evans v. City of Zebulon, 351 F.3d 485, 2003 WL 22707338 (11th Cir. 2003).

Opinions

ANDERSON, Circuit Judge:

Officer Denis Stephens, of the Zebulon, Georgia, police force, appeals the district court’s order denying his motion for summary judgment on the basis of qualified immunity. Plaintiffs-appellees Peter Evans and Detree Jordan contend in their action under 42 U.S.C. § 1983 that Stephens unconstitutionally subjected them to a strip search and body cavity search after arresting them on January 22, 1999, and that Stephens conducted the searches in an abusive and unreasonable manner.

I. BACKGROUND

A. Factual Background1

On the evening of January 22, 1999, Peter Evans and Detree Jordan were driving from Atlanta to Statesboro, where the two were students at Georgia Southern University. Evans was the driver and Jordan the passenger of the vehicle, which was a rental. Both are black males in their twenties. The two got lost, mistakenly traveling south on Interstate 85 towards Columbus rather than Interstate 75, which leads to Macon and Interstate 16, which in turn leads southeast to States-boro. When they realized their mistake, Evans and Jordan pulled off the highway to a gas station and got directions to Macon via secondary highways, cutting east across middle Georgia.

At approximately 8 o’clock that evening, Zebulon Police Officer Denis Stephens clocked Evans’s and Jordan’s car traveling 72 m.p.h. in a 45 m.p.h. zone. Stephens pulled the car to the side of the road2 and asked Evans about their destination. After hearing Evans’s explanation of where he and Jordan were going and how they got where they were, Stephens ordered the men to exit the car. Evans consented to a search of the car and to a pat down. Stephens searched the car for about five minutes. On the video tape, Stephens later says that he found a beer can in the car but he did not display any can in front of the video camera, though it was Stephens’s usual habit to display such items. Evans and Jordan assert that Stephens did not, in fact, find a beer can. Several times during the course of the traffic stop, Evans put a piece of candy in his mouth. Each time, Stephens asked him to remove it.

Stephens issued Evans a citation for speeding. He then asked Evans to submit [488]*488to a chemical analysis of the alcohol content in his breath. Evans replied that he wanted to speak to his lawyer, and Stephens placed Evans under arrest for D.U.I. refusal and for speeding. Stephens requested computer checks of the men and their vehicle. The check returned an outstanding parole violation warrant for a black male with the last name “Jordan” and a birthday matching that on Jordan’s license. Based on these matches, Stephens placed Jordan under arrest for violating parole.3 During a pat down of Jordan, Stephens says that he found a beer pop top. The pop top is not visible in the tape and Stephens did not display it for the camera. As with the alleged beer can, Evans and Jordan claim Stephens did not in fact find a pop top.

Stephens placed Evans and Jordan in his patrol car and a tow truck was summoned. While waiting for the tow truck, Stephens again searched the interior of the car and the trunk. He and the other officers also searched the ground and roadside around the rental car. When the tow truck arrived, Stephens transported Evans and Jordan to the Pike County Jail.

At the jail, Stephens handcuffed Evans and Jordan to a bench outside of the booking area while he spoke with Pike County Sheriffs Deputy Andre Dawson, who was staffing the booking area. Stephens then took Jordan into a utility closet and pushed him up against the wall, telling him to keep his hands on the wall. Stephens patted Jordan down and then ordered him to remove his shoes and shirt. Stephens searched those articles of clothing and ordered Jordan to place his hands back against the wall. He then ordered Jordan to lower his pants. When Jordan turned around and protested that this was unnecessary, Stephens placed Jordan in a choke hold and pushed him back against the wall. At this point another officer pushed Evans into the room, causing him to stumble into Jordan, and both men fell to the ground.4 The officers picked the men up and pushed them back against the wall. Stephens struck Jordan in the side with a slender black object,5 and the other officer placed Jordan in a choke hold and held him against the wall. Stephens then pulled Jordan’s underwear down and placed the slender black object between Jordan’s buttocks, jabbing his anus. Jordan, startled, jumped, and the officers laughed and giggled. Stephens ordered Jordan to use his hands to spread his buttocks.6 Stephens repeated these actions on Evans, placing the object between his buttocks, then used it to lift each man’s genitals.7 Stephens [489]*489then ordered the men to replace their clothing, clapping and counting to hurry them. Jordan and Evans were rushed back to the booking area before they were able to put their shoes and shirts back on. During the strip search and cavity search, Stephens made racially derogatory remarks and, while using the slender metal object on the two men, referred to prison rape.8

Evans and Jordan were issued jumpsuits and placed in the general population overnight. The next morning Jordan was released, and he returned to post bail for Evans. Evans later pled guilty to reckless driving and the D.U.I.-related charges were dropped. Evans and Jordan testified that they have not suffered any physical injuries as a result of the incident, and neither testified that the slender object used by Stephens penetrated his rectal cavity. Both testified that they now suffer from periodic anxiety, insomnia, and depression.9

B. Procedural History

Evans and Jordan filed suit under 42 U.S.C. § 1983 against Officer Stephens, the chief of the Zebulon Police Department, and the city of Zebulon, alleging violations of their Fourth Amendment rights to be free from unreasonable searches and seizures based on their arrests and the subsequent searches. All defendants moved for summary judgment, which the district court granted to the city and to the police chief. The district court granted Stephens’s motion for summary judgment on the arrest claim, finding that Stephens had probable cause to arrest Evans for speeding and had probable cause to arrest Jordan for a parole violation.10

The court denied Stephens’s motion for summary judgment on the search claim, [490]*490holding that the plaintiffs had alleged an unconstitutional search, conducted without reasonable suspicion and in an unconstitutionally intrusive manner. The court held that Stephens was not entitled to qualified immunity for the search as alleged. The court held that Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979), and Justice v. City of Peachtree, 961 F.2d 188 (11th Cir.1992), clearly established that, absent reasonable suspicion, a strip search involving physical contact and use of an object to probe the subject’s anal and genital areas was unconstitutional.

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Cite This Page — Counsel Stack

Bluebook (online)
351 F.3d 485, 2003 WL 22707338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-city-of-zebulon-ca11-2003.