Former Marine files $1M suit over strip search, calls it 'demeaning,' 'degrading,' violation of her

[TU Curmudgeon]

From FOX News

Former Marine files $1M suit over strip search, calls it 'demeaning,' 'degrading,' violation of her civil rights
​

A former Marine Corps sergeant has filed a $1 million federal lawsuit, claiming her civil rights were violated in 2017 when sheriff's deputies from an Illinois county strip-searched her.

An attorney for Zandrea Askew, 28, said Tuesday that three female deputies from LaSalle County stripped his client as she lay face down on the floor of a holding cell screaming loudly, according to reports.

“Why do you need to take someone’s clothes off if they’re not cooperating with you?” attorney Terry Ekl said. “This was not a strip-search where they were looking for contraband. This was a form of punishment.”

COMMENT:-

The estimated number of responses before someone says that the whole thing was Ms. Askew's fault because she didn't do exactly what the police told her to do, exactly in the manner that they told her to do it, immediately upon being told to do it after being improperly arrested and jailed is less than 10.
​

 

[trouble13]

From FOX News

Former Marine files $1M suit over strip search, calls it 'demeaning,' 'degrading,' violation of her civil rights
​

A former Marine Corps sergeant has filed a $1 million federal lawsuit, claiming her civil rights were violated in 2017 when sheriff's deputies from an Illinois county strip-searched her.

An attorney for Zandrea Askew, 28, said Tuesday that three female deputies from LaSalle County stripped his client as she lay face down on the floor of a holding cell screaming loudly, according to reports.

“Why do you need to take someone’s clothes off if they’re not cooperating with you?” attorney Terry Ekl said. “This was not a strip-search where they were looking for contraband. This was a form of punishment.”

COMMENT:-

The estimated number of responses before someone says that the whole thing was Ms. Askew's fault because she didn't do exactly what the police told her to do, exactly in the manner that they told her to do it, immediately upon being told to do it after being improperly arrested and jailed is less than 10.
​

Without knowing the details I wont pass judgement but when you arrested they do take your clothes away and put in their stylish jump suit. I'm guessing maybe that was what it was about

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[ttwtt78640]

There appear to be two separate issues here: 1) was the itself arrest proper/legal and 2) was the strip search a normal part of jail intake process after an arrest. I am assuming that the two, while obviously related, were performed by entirely different people. I have been arrested and jailed a few times but have never been strip searched as part of the intake process.

To hold the arresting officers accountable for what jail personnel did after she was jailed is unreasonable. To hold the jail personnel accountable for the prior arrest procedures done by the officers is unreasonable. IMHO, there are two distinct events with separate alleged perps involved in each.

 

[ttwtt78640]

Without knowing the details I wont pass judgement but when you arrested they do take your clothes away and put in their stylish jump suit. I'm guessing maybe that was what it was about

Sent from my SM-G965U using Tapatalk

Changing clothing is not the same as a strip search.

 

[WillyPete]

I don't take it as a good sign for the police that they dropped the charges. I see in the link she passed a field sobriety test, but the officer felt she was confused and disoriented.

It's a tough spot, as if they had sent her on her way and she got hurt or hurt others, then they'd be on the hook for that.

It seems clear she was uncooperative at least from some point at jail. These didn't send three officers into that cell because they thought she'd cooperate.

My impression is that they aren't allowed to keep people in their street clothes, for fear of contraband, etc. If she had drugs secreted on her person and managed to commit suicide in the cell, which we've seen a few times, they'd be on the hook for that.

Still a tough spot. I dunno.

As a matter of policy, should we be letting people who seem confused and disoriented drive themselves home?

Should we permit arrestees to keep their street clothes and refuse even a pat down?

The only thing I can think of is an isolation cell for these situations, but criminals are adaptive, and they would begin demanding these, and then when one's not available, what do we do then?

 

[trouble13]

Changing clothing is not the same as a strip search.

I'm not defending the police but no it's not really different when your being processed. You strip, they search you, your given a snazzy orange jump suit to wear

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[ttwtt78640]

I'm not defending the police but no it's not really different when your being processed. You strip, they search you, your given a snazzy orange jump suit to wear

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I've been arrested and jailed a few times. Only once was I required to wear an inmate uniform (which was post conviction) and that wardrobe change did not include a strip search.

 

[Mason66]

I don't take it as a good sign for the police that they dropped the charges. I see in the link she passed a field sobriety test, but the officer felt she was confused and disoriented.

It's a tough spot, as if they had sent her on her way and she got hurt or hurt others, then they'd be on the hook for that.

It seems clear she was uncooperative at least from some point at jail. These didn't send three officers into that cell because they thought she'd cooperate.

My impression is that they aren't allowed to keep people in their street clothes, for fear of contraband, etc. If she had drugs secreted on her person and managed to commit suicide in the cell, which we've seen a few times, they'd be on the hook for that.

Still a tough spot. I dunno.

As a matter of policy, should we be letting people who seem confused and disoriented drive themselves home?

Should we permit arrestees to keep their street clothes and refuse even a pat down?

The only thing I can think of is an isolation cell for these situations, but criminals are adaptive, and they would begin demanding these, and then when one's not available, what do we do then?

If she seemed confused and disoriented that would be a medical issue and not a jail issue.

Why didn't they call an ambulance for her?

 

[WillyPete]

If she seemed confused and disoriented that would be a medical issue and not a jail issue.

Why didn't they call an ambulance for her?

I don't disagree, but it was a traffic stop from what I gather, and it's against the law to drive in that condition, even if it's not your fault (at least in some cases.)

Or possibly, since it's not clear from the article, she was combative from the jump, and the cop decided not to do her any favors.

 

[trouble13]

I've been arrested and jailed a few times. Only once was I required to wear an inmate uniform (which was post conviction) and that wardrobe change did not include a strip search.

I will defer to your expertise but I was under the impression that you were dressed in orange jump suit if you were going to be staying overnight

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[Skeptic Bob]

I will defer to your expertise but I was under the impression that you were dressed in orange jump suit if you were going to be staying overnight

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I imagine procedures can vary greatly from place to place.

 

[ttwtt78640]

I will defer to your expertise but I was under the impression that you were dressed in orange jump suit if you were going to be staying overnight

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I spent several nights in jail both with and without being in any inmate uniform and was never strip searched. Most of that time was in a crowded "holding" cell shared with (up to 12) other people. I do not claim any "expertise" - I am simply relating my personal experience. Nowhere in the OP link was it asserted that strip searches were normal (routine?) booking procedure - I suspect that has much to do with this lawsuit as does the fact that no criminal charges (indictments?) were made.

 

[trouble13]

I spent several nights in jail both with and without being in any inmate uniform and was never strip searched. Most of that time was in a crowded "holding" cell shared with (up to 12) other people. I do not claim any "expertise" - I am simply relating my personal experience. Nowhere in the OP link was it asserted that strip searches were normal (routine?) booking procedure - I suspect that has much to do with this lawsuit as does the fact that no criminal charges (indictments?) were made.

Calling you an expert was meant as s freindly dig given the topic. No offense was meant.

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[ttwtt78640]

I imagine procedures can vary greatly from place to place.

They may well vary from inmate to inmate - which I suspect is the basis for this lawsuit.

 

[sangha]

Without knowing the details I wont pass judgement but when you arrested they do take your clothes away and put in their stylish jump suit. I'm guessing maybe that was what it was about

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According to another article,

Illinois law prohibits law enforcement officers from strip searching suspects arrested for misdemeanor offenses — such as driving under the influence of drugs — “unless there is a reasonable belief that the individual is concealing a weapon or a controlled substance.”

Also

several unidentified officers and employees of the sheriff’s office “attempted to delete and/or destroy the video recording of the assault and stripping of the Plaintiff,” the suit states. “However, despite these efforts, a restored version of the video was recovered and disclosed to Plaintiff by the LaSalle County State’s Attorney’s Office.”

https://chicago.suntimes.com/news/lasalle-co-sheriffs-illegally-arrested-strip-searched-marine-suit/

 

[ttwtt78640]

Calling you an expert was meant as s freindly dig given the topic. No offense was meant.

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No offense was taken. I was never arrested without any specific charges, being able to post bail/bond and make a court appearance to defend myself against those charges and was jailed after conviction only once (for DUI). It seems that this lawsuit is based on the police and the jailers deciding that they would "teach her a lesson" for questioning their authority to do pretty much as they pleased - considering that apparently no criminal charges were made.