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Judge issues lengthy order in strip-search case

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A U.S. District Court judge has issued a 91-page order in an "elaborate and expensive litigation" that began after three teenagers were stopped because their car had a broken license plate light.

After years of litigation and several orders to compel discovery, Chief Judge David Hamilton released the lengthy order Aug. 21 in Lessley, Rhodehamel, and Messer v. City of Madison, Ind., et al., No. 4:07-CV-136. The order - which included an index on each issue - ruled on the summary judgment and other pending motions filed by each side.

Kristy L. Lessley, Kara J. Rhodehamel, and Kayla M. Messer filed suit against the city of Madison, Ind., several Madison police officers, and other city officials after their car was searched, and they were patted down for drugs and eventually stripped searched in a fire station because police believed they possessed marijuana. The three were stopped for the broken license plate light, and officer Jonathon Simpson and Sgt. James Royce smelled marijuana on Kristy Lessley. The officers claim the women consented to some search of the car, their person, and the eventual strip searches at a fire station. The women, who were 18- and 19-years-old at the time, claim they weren't read their rights and did not consent.

Female officer Mika Season Jackson was called to search the women at a nearby fire station; she found marijuana in Lessley's underwear. The other two were never arrested, and the charges against Lessley were eventually dropped. The three filed their federal and state claims several months later.

On Royce's motion for summary judgment, the chief judge ruled in his favor on the seizure claims, the search of the car, and the individual liability for state law torts. Royce had probable cause to stop the car because of the broken light and had probable cause to search the car when he smelled marijuana. The pat-down of Lessley was constitutional because he smelled marijuana on her, but the pat-downs of Messer and Rhodehamel, and the strip searches of all three weren't constitutional.

"Royce has identified no case in this district, any circuit, or from the Supreme Court where a court approved a warrantless strip-search of an individual who was not under arrest, at an international border, or at a school," wrote Chief Judge Hamilton.

Although Indiana courts haven't addressed the question of whether officers have probable cause to search vehicle occupants to find drugs based on the smell of marijuana and rolling papers, that fact can't protect a police officer from section 1983 liability, wrote the chief judge.

The motions for summary judgment filed by the other officers involved were granted on the same claims as were granted for Royce and denied on the claims regarding the pat down of Messer and Rhodehamel and the strip searches.

Even though the police officers aren't individually liable for the plaintiffs' state law claims, the City of Madison was found liable as a municipality.

"The question is close on the current record of evidence, but the court concludes that plaintiffs have offered enough evidence to permit a reasonable jury to conclude that the City of Madison's failure to take appropriate corrective action in response to repeated complaints of Royce's mistreatment of civilians, particularly women, could have amounted to an unconstitutional custom," wrote Chief Judge Hamilton.

While no Indiana state courts have addressed the application of Indiana Code Section 34-13-3-3(8) to claims an officer assaulted or battered someone through a search and assaulted someone by making inappropriate sexual comments, the District Court ruled a municipality does not have immunity for a plaintiff's assault and battery claims stemming from allegations of excessive police force.

Turning to the plaintiffs' motions for summary judgment that include on the strip-search claims and qualified immunity, the District Court denied their motions except for their motion for summary judgment on the timeliness of their tort claim notices.

Chief Judge Hamilton also granted in part and denied in part the plaintiffs' motion to allow further summary judgment briefing and to re-open discovery; denied the plaintiffs' motion to amend their complaint to include the city's insurer; denied the appeal of the magistrate judge's order unsealing documents; sustained the magistrate judge's order granting the motion to compel; and denied the motion to strike the plaintiffs' reply to the defendants' appeal on the motion to compel.

Chief Judge Hamilton noted under Rule 37, the District Court will also order the responsible defendants to pay as a sanction the plaintiffs' reasonable attorneys' fees and costs for reasonably necessary follow-up depositions.

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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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