Fill and Sign the This Civil Action Arises from the 20 Strip Search of Plaintiff Form

- 1 - IN THE UNITED STATES DISTRICT COURT FOR THE _________________ DISTRICT OF _________________ ________________ DISTRICT )) ) Petitioner/Plaintiff, ))) NO. Vs. )) ) Respondent/Defendant ) ) COMPLAINT Jury Trial Demanded Introduction This civil action arises from the ___________, 20___ strip search of plaintiff ______________________ at the ___________ County Jail after being arrested on a charge of driving while his license was suspended, and the subsequent overnight incarceration of Mr. ______________________ without being given the opportunity to post bond and be released until the following morning. This action is brought pursuant to 42 U.S.C. Section 1983, the United States Constitution, and the statutory and common law of the State of ______________________. Jurisdiction 1. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. Section 1331, and Section 1343. Also, the supplemental jurisdiction of this Court to hear claims arising under state law is invoked pursuant to 28 U.S.C. Section 1367. Venue in this Court is appropriate under 28 U.S.C. Section 1391(b) and Section 1392. Plaintiff 2. The plaintiff ___________ is an adult resident of ___________ County, ___________. - 2 -Defendants 3.Defendant ____________ County, ___________, is a unit of local government in the State of ___________.4.Defendant ___________ is and was the Jailer for ___________ County, ___________ during the times set out in this complaint and is an adult resident of ___________ County. He is sued in his individual and official capacities.5. Defendant City of ___________ is a unit of local government in the State of ___________.6. Defendant ___________ is and was a police officer for the City of ___________ during the times set out in this complaint and is an adult citizen of ___________ County. He is sued in his individual capacity. 7. At all times and during all incidents relevant to this complaint, the defendants were acting under color of law. Factual Allegations 8. On ___________, 20___, plaintiff ___________ was arrested by defendant ___________ for driving with a suspended license and transported to the ___________ County Jail. Once there, Mr. ___________ was instructed by defendants ___________ and ___________ to take off his clothes, and defendant ___________ conducted a strip search.9. This strip search was conducted without probable cause or reasonable suspicion to conduct such a search.10. Mr. ___________ was kept in jail overnight on the night of ___________ 20__ and was not released on bond until the morning of ___________ 20__. He was not given the opportunity by defendant ___________ to bond out until the morning of ______________________ 20__. Had he been given the opportunity, he had access to enough money to post bond so that he would not be required to spend the night in jail on this charge of driving with a suspended license.11.The actions of the various defendants were done willfully, wantonly, maliciously, with gross negligence, and in gross and reckless disregard of, and with deliberate indifference to, the rights of the plaintiff under the Constitution of the United States and the statutes and common law of the State of ___________.12.Defendant ___________ is the Jailer of ___________ County, and his edicts and acts may fairly be said to represent official policy for defendant ___________ County, - 3 - ___________, in matters of jail administration such as when to conduct strip searches and when to release arrestees on bond. 13.The actions of defendant ___________ described in this complaint were undertaken as part of a policy and custom, attributable to the defendant ___________ County, ___________, of undertaking strip searches in some instances without probable cause or reasonable suspicion, and of incarcerating some arrestees on minor offenses overnight without giving them an opportunity to bond out until the following day. Damages 14.As a result of the defendants' actions described in this complaint, the plaintiff suffered considerable damage, including the embarrassment suffered from the type of invasion of privacy that occurs with a strip search, and the restraint on liberty and associated damage that occurs with spending a night in jail on a arrest for a relatively minor offense such as driving with a suspended license. Violations -- Federal Law Count One 15.The actions of defendants ___________ and ___________ in strip searching the plaintiff violated the plaintiff's rights under the Fourth and Fourteenth Amendments to the United States Constitution. Count Two 16.The actions of defendant ___________ in holding the plaintiff overnight in jail without the opportunity to post bond violated the plaintiff's rights under the Eighth and Fourteenth Amendments to the United States Constitution. Count Three 17.Because defendant ___________'s edicts and acts may fairly be said to represent official policy for defendant ___________ County, ___________ in matters of jail administration, including the matters referenced in this complaint, and because the actions of the defendants were undertaken as part of a policy and custom, attributable to the defendant ___________ County, ___________, defendant ___________ County, ___________ is liable for all of the violations committed by the defendants as outlined in Counts One and Two. For this same reason, defendant ___________ is liable not only in his individual capacity, but in his official capacity as well. Violations -- State Law Count Four - 4 - 18.The actions of defendants ___________ and ___________ violated the rights of the plaintiff under the statutory and tort law of the State of ___________. Under ___________ law, defendants ___________ County and the City of ___________ are liable for the actions of their employees, defendants ___________ and ___________ respectively. Relief In light of the foregoing, the plaintiff requests the relief: a) compensatory damages from the defendants, in the amount of $_________;b)punitive damages from the defendants, in the amount of $______________;c)pre-judgment and post-judgment interest;d)reasonable costs and attorneys' fees; ande)such other relief to which the plaintiff is entitled.Respectfully submitted, _________________________________