A class action has been filed against Marin County, California, and its Sheriff's Department, on behalf of women who allege that they were illegally strip-searched after being arrested for minor infractions. The suit alleges that the constitutional rights of the plaintiffs were violated due to the unlawful to strip-search policy at the Marin County Jail, and seeks unspecified compensatory and punitive damages.
Darcelle Chatoian and Cynthia Tasca both allege that they were subjected to strip searches without cause, and believe many others have been victimized in the same way. The lawsuit alleges that Chatoian, 39, a former Marin resident, was arrested in Mill Valley on November 2, 2003, on suspicion of drunken driving and was taken to the Marin County Jail in San Rafael. The action alleges that five officers at the jail forcibly removed her clothing and that she was subjected to a visual body cavity search and then placed nude in a cell for six hours until she was released from custody.
Chatoian was at a Halloween party where she allegedly drank fewer than four beers before getting in her car to drive home. She alleges that she felt sober enough to drive and that she was driving safely when she was stopped near her Mill Valley apartment for expired registration tags on her car. The police officer smelled alcohol on her breath and took her to jail. Once there, she was allegedly met at the jail by three male and two female deputies, and placed in an isolation cell, where a male officer instructed her to remove her clothes. When she balked, the officer stated that he would ask one more time, after which all five officers jumped on top of her and forcibly removed her clothing. One officer allegedly dangled her bra in front of her, laughing.
The second plaintiff, Tasca, alleges that she was arrested in late July or early August 2003 for disturbing the peace. When she refused to remove her clothes after being taken to the jail, the action alleges that she was forcibly strip-searched and left nude in a cell.
The searches allegedly ran afoul of a state law that forbids pre-arraignment strip-searches of most people arrested for misdemeanors unless there is reason to suspect they are concealing drugs or weapons. They also allegedly violate the constitutional right to be free of illegal search and seizures.