Kenneth Daugherty, as Personal Representative of Lenora Daugherty, Deceased v. Donal Campbell

33 F.3d 554
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 2, 1994
Docket93-5378
StatusPublished
Cited by14 cases

This text of 33 F.3d 554 (Kenneth Daugherty, as Personal Representative of Lenora Daugherty, Deceased v. Donal Campbell) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kenneth Daugherty, as Personal Representative of Lenora Daugherty, Deceased v. Donal Campbell, 33 F.3d 554 (6th Cir. 1994).

Opinions

[555]*555KEITH, Circuit Judge, delivered the opinion of the court, in which CELEBREZZE, Senior Circuit Judge, joined. SUHRHEINRICH, Circuit Judge (pp. 557-60), delivered a separate dissenting opinion.

KEITH, Circuit Judge.

Plaintiff-Appellant (“Plaintiff’) appeals a jury verdict finding the Defendants-Appel-lees (“Defendants”) did not violate the Fourth Amendment rights of decedent Lenora Daugherty (“Daugherty”). For the reasons stated below, we REVERSE the jury verdict and find as a matter of law Defendant Donal Campbell’s (“Campbell”) reliance on uncorroborated information is insufficient to constitute reasonable suspicion necessary to authorize a strip search of a prison visitor. Further, we GRANT Plaintiffs motion for judgment as a matter of law and REMAND for a determination on the issue of damages.

I. Facts

From September 30, 1986 until January' 16, 1988, Daugherty often visited her husband, a state inmate at the Turney Center (“Center”). Prior to her January 16, 1988 visit, Center Corrections Officer Robert Star-buck (“Starbuck”) allegedly told Campbell, the Warden of the Center, Daugherty was concealing drugs on her person and smuggling them into the Center.1 Additionally, Campbell received two letters which indicated Daugherty was smuggling drugs into the Center. The first dated January 7,1988 was an anonymous letter. The second dated January 12, 1988 was signed by Lori Elliot. Later, investigation revealed that “Lori Elliot” did not exist. Campbell, relying solely on Starbuck’s information, ordered a strip search of Daugherty and a search of her vehicle for narcotics prior to any visit with her husband.

On January 16, 1988, prison personnel instructed Daugherty to submit to a strip search,2 a visual body cavity search3 and a search of her vehicle. None of the searches revealed contraband.

On June 8, 1988, Daugherty filed a § 1983 claim in the United States District Court for the Middle District of Tennessee alleging the Defendants violated her Fourth Amendment rights. Campbell moved for judgment on the pleadings and to stay discovery. The district court referred all pretrial matters to a magistrate judge who recommended the district court deny Campbell’s motion for summary judgment based on qualified immunity for Daugherty’s Fourth Amendment claims. Upon the request of the district court, the magistrate issued a second report recommending the district court grant the motion for summary judgment based on qualified immunity for the vehicle search. The district court adopted both reports and recommendations. Campbell appealed the denial of summary judgment, and this court affirmed finding Campbell was not entitled to qualified immunity. See Daugherty v. Campbell, 935 F.2d 780 (6th Cir.), cert. denied, — U.S. -, 112 S.Ct. 939, 117 L.Ed.2d 110 (1991).

On September 2, 1992, the district court granted Daugherty’s motion to amend her complaint to include a Fourteenth Amendment claim. The jury trial commenced the same day and ended September 4, 1992. At the close of all proof, the district court determined as a matter of law that the Defendants were entitled to qualified immunity on Plaintiffs Fourteenth Amendment claim and dismissed the claim. The jury returned a verdict for the Defendants on Daugherty’s Fourth Amendment claim.

On September 15, 1992, Plaintiff renewed her motion for judgment as a matter of law or in the alternative for a new trial. The district court denied the motion. This timely appeal followed.

[556]*556II. Discussion

On appeal, Plaintiff argues the district court erred by:

(1) denying her motion for judgment as a matter of law on the issue of whether Campbell had reasonable suspicion and/or probable cause to authorize a strip search of her person;
(2) denying her motion for judgment as a matter of law on the issue of whether she consented to the search; and
(3) granting Defendants qualified immunity on the issue of her Fourteenth Amendment due process claim based on the search of her person.

We find Campbell’s reliance on wholly unsubstantiated information relayed by a correctional officer without corroboration is insufficient to constitute reasonable suspicion necessary to authorize a strip search of a prison visitor. We, therefore, decline to address Plaintiffs remaining allegations of error.

1. Standard of Review

When reviewing a district court’s denial of a motion for judgment as a matter of law, we consider de novo whether there is sufficient evidence to raise a question of fact for the jury. Hill v. Marshall, 962 F.2d 1209 (6th Cir.1992), cert. denied, Morris v. Hill, — U.S.-, 113 S.Ct. 2992, 125 L.Ed.2d 687 (1993). “Sufficient evidence will be found unless, viewed in the light most favorable to the nonmovant, there is either complete absence of proof on the issue or no controverted issues of fact upon which reasonable persons could differ.” Monette v. AM-7-7 Baking Co., 929 F.2d 276, 280 (6th Cir.1991) (citations omitted).

2. Reasonable Suspicion Standard

A strip search, regardless of how professionally and courteously conducted, is an embarrassing and humiliating experience. See Hunter v. Auger, 672 F.2d 668, 674 (8th Cir.1982); United States v. Sandler, 644 F.2d 1163, 1167 (5th Cir.1981) (en banc); United States v. Dorsey, 641 F.2d 1213, 1217 (7th Cir.1981); cf. Terry v. Ohio, 392 U.S. 1, 24-25, 88 S.Ct. 1868, 1881-82, 20 L.Ed.2d 889 (1968) (noting even a search of outer clothing for weapons is likely to be an annoying, frightening, and possibly humiliating experience). Consequently, reasonable suspicion must exist before a strip search is authorized for prison visitors. See Daugherty v. Campbell, 935 F.2d 780, 784 (6th Cir.1991); Long v. Norris, 929 F.2d 1111, 1113 (6th Cir.), cert. denied, Jones v. Long, — U.S. -, 112 S.Ct. 187, 116 L.Ed.2d 148 (1991); Hunter, 672 F.2d at 674.

Campbell argues because Starbuck was a reliable corrections officer, his statements, unlike those from an anonymous informant, required no corroboration. We disagree. Here, Starbuck did not act as an informant but merely as a declarant. An officer’s recitation of a tip does not automatically vest the information with credibility or reliability, nor does it transform the officer into a reliable informant.

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