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E.D.La.: Claim of sexual touching during jail strip search was de minimus

By John Wesley Hall, Jr.

Plaintiff’s strip search which he alleged included a sexual touching was a de minimus claim for a jail, and summary judgment is granted. Brown v. Brooks, 2010 U.S. Dist. LEXIS 69383 (E.D. La. June 17, 2010)*: Even if the touching was sexually motivated, as Brown alleges, such conduct, while despicable, must be characterized as constitutionally de minimis in this context. Copeland, 2001 WL 274738, at *3; see Brown v. Sloan, No. 1:09-cv-01066, 2010 WL 476720, at *2 (W.D. La. Feb. 10, 2010) (Drell, J.) (citing Copeland, 2001 WL 274738 at *3) (quoting Boddie, 105 F.3d at 861) (Plaintiff's claim that corrections officer fondled him while conducting a shakedown failed to state an Eighth Amendment claim when plaintiff did not allege any physical injury...continue to full post

Full post as published by Fourth Amendment on July 15, 2010 (boomark / email).