Kelly v. Foti

870 F. Supp. 126, 1994 U.S. Dist. LEXIS 16963, 1994 WL 696128
CourtDistrict Court, E.D. Louisiana
DecidedNovember 23, 1994
DocketCiv. A. No. 93-3419
StatusPublished
Cited by1 cases

This text of 870 F. Supp. 126 (Kelly v. Foti) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kelly v. Foti, 870 F. Supp. 126, 1994 U.S. Dist. LEXIS 16963, 1994 WL 696128 (E.D. La. 1994).

Opinion

ORDER AND REASONS

BERRIGAN, District Judge.

The court has decided the parties’ cross-motions for summary judgment. For the reasons set forth below, both motions are DENIED.

I. BACKGROUND

The plaintiff, Jack Kelly, is a forty-nine year old woman who was attending a convention in New Orleans. Shortly after midnight on the evening of November 18, 1992, Ms. Kelly was driving her rental car back to her hotel in Metairie after having celebrated her birthday with some friends. Ms. Kelly made an illegal left turn, and was stopped by a New Orleans Police Officer, who asked to see her driver’s license. Ms. Kelly did not have her license with her, informing the officer that she had forgotten it in her hotel room. The officer administered a “DWI” test on Ms. Kelly, which she passed. Nevertheless, the officer placed her under arrest for the traffic violations and had her transported to Central Lock-Up in Orleans Parish. The arresting officer did not search Ms. Kelly or the car, nor did he ask for the vehicle registration.

At Central Lock-Up, Ms. Kelly turned over a tote bag which she had been carrying containing her wallet, check book, various credit cards, her airline ticket, her address book and other personal items, and was placed in a holding cell. Before being placed in a second holding cell, Ms. Kelly was pat-down searched. The deputy who. searched her did not notice the asthma inhaler and American Express card which she had forgotten in her pockets. While at Central Lock-Up, Ms. Kelly was allowed to use a telephone, and contacted her husband in Connecticut and a sister living in Baton Rouge.

After being placed in a third holding cell, Ms. Kelly was shackled and handcuffed and transferred to the female detention facility. Upon arriving at the detention facility, Ms. Kelly was escorted to a room where a female deputy strip-searched her. The deputy ordered Ms. Kelly to remove her clothes and then to turn around, bend over, spread her [128]*128buttocks and cough, so that the deputy could visually inspect Ms. Kelly’s vaginal and rectal cavities.

Ms. Kelly put her clothes back on, and was escorted to another room, where she and another arrestee were ordered to undress. Ms. Kelly was then sprayed with disinfectant on her crotch, breasts and head.

After showering, Ms. Kelly placed her street clothes in a bag and received a prison uniform, but she forgot to hold on to her asthma inhaler. Ms. Kelly was placed in a cell at approximately 5:00 a.m. She made repeated requests for her inhaler. At approximately 10:30 a.m., a corpsman provided her with a different inhaler.

At approximately 11:30 a.m., Ms. Kelly was notified that she was bonded out. Ms. Kelly’s incarceration lasted approximately fourteen hours.

Ms. Kelly has brought a 42 U.S.C. § 1983 claim against the defendants for deprivation of her federal constitutional rights and has also alleged a number of supplemental state causes of action. Defendant Sheriff Charles C. Foti, Jr. (“Sheriff Foti”) has moved for summary judgment on all of the plaintiffs claims. The plaintiff has filed a cross-motion for summary judgment on her constitutional claims.

II. ANALYSIS

A. The Legality of the Strip Search

Under FRCP 56(c), summary judgment is appropriate if “there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law.” With regai'd to the plaintiffs § 1983 claims, Sheriff Foti has moved for summary judgment based on the legal defense of qualified immunity.

Qualified immunity is a threshold issue in § 1983 cases: “[It] determines a defendant’s immunity from suit, that is, his or her ability to avoid a trial altogether, rather than merely his or her immunity from damages.” Mangieri v. Clifton, 29 F.3d 1012, 1015 (5th Cir.1994). Where a plaintiff has alleged the deprivation of a constitutional right by a government official, qualified immunity protects the official if he was acting in an objectively reasonable manner:

Whether a defendant actually infracted a plaintiffs rights is not the central issue: ‘Even defendants who violate constitutional rights enjoy a qualified immunity that protects them from liability for damages unless it is further demonstrated that their conduct was unreasonable under the applicable standard.’
‘Because qualified immunity does not address the substantive viability of a section 1983 claim, but rather the objective reasonableness of a defendant’s actions, a plaintiff who is entitled to prevail on the merits is not necessarily entitled to prevail on the issue of qualified immunity.’

Amsden v. Moran, 904 F.2d 748, 751 (1st Cir.1990) (citations omitted). The objective reasonableness of an official’s actions is “assessed in light of legal rules clearly established at the time of the incident.” Mangi-eri, 29 F.2d at 1016.

The legal rules regarding strip searches were well-established at the time of Ms. Kelly’s arrest. In Mary Beth G. v. City of Chicago, the Seventh Circuit described strip searches as:

‘[D]emeaning, dehumanizing, undignified, humiliating, terrifying, unpleasant, embarrassing, repulsive, signifying degradation and submission’_ In short, we can think of few exercises of authority by the state that intrude on the citizen’s privacy and dignity as severely as the visual anal and genital searches practiced here.

723 F.2d 1263, 1272 (7th Cir.1983).1 Describing the law at the time of Ms. Kelly’s arrest, the Tenth Circuit stated, “There can be no doubt that a strip search is an invasion of personal rights of the first magnitude.” Chapman v. Nichols, 989 F.2d 393, 395 (10th Cir.1993).

[129]*129Balanced against the invasion of a citizen’s rights is the government’s interest in conducting a strip search. Although “unanimous circuit authority condemn[s] blanket strip search policies applied to minor offense detainees,” a prison strip search can be justified “by the demands of institutional security.” Chapman, 989 F.2d at 397; Watt v. City of Richardson Police Dep’t., 849 F.2d 195, 197 (5th Cir.1988). Quoting approvingly from a Ninth Circuit decision, the Watt court stated the standard as follows:

‘[W]e hold that arrestees charged with minor offenses may be subjected to a strip search only if jail officials possess a reasonable suspicion that the individual arres-tee is carrying or concealing contraband. Reasonable suspicion may be based on such factors as the nature of the offense, the arrestee’s appearance and conduct, and the prior arrest record.’

849 F.2d at 197.

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Bluebook (online)
870 F. Supp. 126, 1994 U.S. Dist. LEXIS 16963, 1994 WL 696128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-foti-laed-1994.