Lawsuit Alleges Forcible Strip Search by Police after DUI Arrest
A woman has filed a federal lawsuit against a police department for forcibly strip searching her after a DUI arrest. The woman has initiated a class action lawsuit naming three other women and one man as plaintiffs. These plaintiffs claim similar treatment. According to the complaint, the woman was arrested after failing a field sobriety test. She was taken to a nearby police department where several officers strip searched her. She was then placed in a cell without a bathroom where she waited for several hours before being released. The complaint claims this treatment is illegal punishment of detainees. Under Illinois law, police can only strip search a detainee if they have a reasonable suspicion the detainee is concealing a weapon.
The plaintiff may have a rough road to recover on this claim because there are many hurdles with a claim of this nature. First, the police might be able to articulate that they possessed the plaintiff was dangerous or possessed a weapon. If this is the case, a court will find their actions justified. Also, the plaintiff will have to get a fact finder to side with her, and this may be difficult because she was arrested the very night she is claiming to have been injured. The plaintiff does have one aspect going for her. Police recording of the arrest shows the police were in a very lacked posture, and the plaintiff can use this to demonstrate the police did not believe she was armed or dangerous.
Complex legal claims require competent legal representation. The law firm of Meyerkord & Kurth, LLC represents plaintiffs who have been injured, and we can assist you on your road to recovery. Contact our firm of knowledgeable attorneys to speak about your potential claim. Our firm has decades of experience, and we have recovered millions of dollars on behalf of our clients.
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