Professional Documents
Culture Documents
No. 96-2035
KELLI SWAIN,
Plaintiff, Appellant,
v.
Defendants, Appellees.
____________________
____________________
Before
____________________
Michael Tyler,
_____________
on brief,
appellant.
Douglas I. Louison,
___________________
with whom
____________________
Merric
______
held in
station.
a cell
his
North Reading,
arrested.
in the
her,
been in the
shoplifting; she
was
suspected of
by
Massachusetts police
a police
having possessed
officer immediately
after he
had interrogated
represented by counsel.
He had
become angry with Swain for saying she knew nothing about her
boyfriend's shoplifting.
Swain's
not
strip-searched.
The
charges
against
Swain
were
Gen.
Laws
ch. 12,
humiliated
her and
district court
11H,
caused
11I,
alleging that
lasting emotional
damage.
The
the defendants.
reasonable under
the search
in dispute
not
We hold that, as
alleged by
Swain, a jury could find that the search was not justified by
-22
a reasonable suspicion,
and that
issue
of
whether
the
officers
were
her version
the
entitled
to
the
1983, even on
should have
meet the
the jury
of the facts.
liability under
Accordingly,
the
summary judgment as
I.
We
Kelli
Swain and
her
boyfriend,
Christopher Milbury,
10:00
while,
Milbury told
things at Moynihan
Swain that
Lumber.
Swain waited in
he placed a bag
lot.
Around
for a little
to pick
he needed
went
up some
the car
while
ten minutes.
and
of the
Swain
became very
upset.
She
began questioning
-33
200
or
300
yards,
the
police
cruiser,
which
had
been
following the
blue lights
couple since
and its
Officer Robert
siren; Milbury
Marchionda then
minute or two,
handcuffed.
As
Swain
Officer Marchionda
thereafter.
stopped
Swain
got out,
then
by one of them,
dropped a
object.
car over.
and
car for a
she
its
the vehicle
drop an object
turned on
pulled their
approached
back and
being
baggie
of
the car.
behind her
at
approached the
officers, but
was
suspected
of taking
things from
Milbury was
Moynihan Lumber.
he saw
baggie of marijuana.
He retrieved it.
Officer
While he
object was
worth of hardware
in the
been taken
worth of
front
sawblades, wrapped in
seat.
Swain
was
-44
another $400
a hardware flyer,
surprised to
see
from
under the
the merchandise
there.
Milbury's
The
police implied
theft;
she kept
that she
saying
was an
that
she
accomplice to
did not
know
that Swain
was innocent.
Neither of
marijuana on the
the officers
ground.
Swain did
not know if
about the
up
drop
it.
in a
police cruiser
When
she got to
handcuffs
and an
were removed.
officer had
her sign
to the
North
the station,
a rights card.
Matron
her
Laura
called to the
bathroom.
did not
come in with
her.
Swain
her to a
was allowed to
bathroom,
open just a
but
close the
little.
she could
hear Swain using the facilities, but could not see Swain.
Swain
she
could
make a
phone call.
She
was
shown to
She
a small
called her
-55
While
Swain was
seated in
the booking
area, her
rolling papers
papers
with Swain.
advised
that
in the
Spinney.
pocketbook.
At that
No one
point,
discussed these
one of
the
officers
she
was going
to be
charged
in connection
with it.
Swain
Officer
Ed
was
Hayes,
then
the
department supervisor,
to a
cell.
the
cell
Sergeant
prosecuting
Hayes
then
photographed.
officer and
detective
to take Swain
for about
and
Spinney pat
fingerprinted
twenty
came
Swain
minutes.
to her
cell
her to
According
and
to Swain,
attempted
to
question
her
about Milbury's
criminal
activities.
Hayes
yelled at Swain, telling her that she was lying, and that she
on.
crying
According to Swain,
approximately
cell
area
for
recollection
that
it would
detainees
approximately
of what
be
one
he discussed
normal
procedure
-66
minute.
with Swain,
for
him
He
has
no
but asserts
to
their arraignments.
talk
to
He does
not
recall interrogating
located
in
Swain about
another cell
where he
he heard
Milbury's activities,
do so.
could
hear but
Hayes talking to
not see
her and
also
About five
Hayes' departure,
had
ordered her
testimony
to
that he
strip
believes
whether
search
Swain.
he would
with Swain.
It
have
is
ordered such
Spinney does
ordered before or
Hayes'
not know
with Swain, but knows that Hayes did not order a strip search
when
almost
to take Swain
to the cell.
Swain
searched and
Swain
not
understand
why
to remove all of
shook out
could
bend over
and spread
her buttocks.
she
was
being
her bra.
Spinney
Swain
was very
then
told she
during
minutes.
her
could
search.
get dressed.
The
entire
Swain was
Spinney found
nothing
procedure lasted
fifteen
for, but
-77
Spinney
Spinney
Chief of
Police Henry
but the
cameras,
the one in
are
Department has
instructed to
she turned
that the
no policies
are
the camera
or procedures
turn
that
off.
Matrons
the
cell
a search.
off with
a wall
camera off,
by
Spinney states
switch before
or making
the camera
at
all.
was
history
on probation,
Swain had
Officer
story.
Hayes,
for his
part,
tells
immediately
upon
his arrival
at
the
a different
search of Swain
booking desk,
which
-88
made,
According
showed
principal suspect
that
he
although
suspicion
in a narcotics incident.
suspected Swain
he
of
acknowledges
of narcotics
carrying
that
suspects,
this
Swain was a
He also asserts
a concealed
was
rather
than a
weapon,
generalized
suspicion
All charges
against Swain
continued
without a
emotional
trauma
finding.
as
result
Swain
of
the
prossed" or
suffered
continuing
search
and sought
counseling.
The
Town
searches is outlined
of
North
Reading's
policy
on
strip
The
that
body."
strip search of
the arrestee is
to believe
-99
Institute (MPI), a
statewide
police
association, publishes a
Policies
North
& Procedures."
Reading
police
Chief
adhere
Purnell testified
to
the
MPI
that the
policies.
strip
search
of
warranted
only
if
an
arrestee
officers
is
concealing
is
have
that the
contraband
or
1.
the
officer-in-charge,
be approved
who
shall
Is
the crime
associated
one that
with
is normally
weapons
or
contraband?
Only if
the answer
to this
yes and
there is a
reasonable suspicion
that
the
contraband
arrestee
on his
has
person
question is
weapons
will
or
body
The
strip-search be authorized.
2.
Body
cavity
conducted
searches
should
not
be
of the officer-in-charge,
and require
However,
both
Sergeant Hayes
and Matron
Spinney testified
that they were unaware that North Reading had any policy with
regard
to strip searches.
policy
to strip
Nonetheless, he
search of Milbury.
II.
-1010
it was his
narcotics were
under the
Massachusetts Constitutions by
subjecting
her to
an unreasonable
search.
Edward Hayes,
On defendants'
motion for
States v. Klein, 522 F.2d 296 (1st Cir. 1975), the search
______
_____
of
Swain
was within
the bounds
of the
thought
Klein unaffected
_____
by Bell
____
(1979).
Fourth Amendment.
v. Wolfish, 441
_______
It
U.S. 520
from suit.
As to
found that,
in this
tracked the
federal standards.
found that
area, Massachusetts
Swain argues
probable
cause to
court
constitutional law
Finally,
to meet the
exacting standards
1983.
on appeal
believe
claims, the
that an
arrestee is
must have
concealing
supported by
present
a reasonable
suspicion, no such
-1111
suspicion was
entitled to the
We
judgment
review
de novo.
_______
the district
EEOC v.
____
court's grant
of summary
III.
strip
arrestee must
suspicion.
acted
claim
Because
a jury
body
cavity
the least,
could find
reasonable
search
by a
that
suspicion
of
an
reasonable
Officer Hayes
that
Swain
was
against
the
individual
some
visual
be justified, at
without
concealing
and
courts have
summary judgment.
suggested that
necessary to justify
defendants
a higher
______
a strip search
sufficient
to
Furthermore, while
standard may
be
cavity
inspection, it
search
that
was clearly
the
Fourth
reasonable suspicion
to
established at
the time
Amendment
requires
conduct these
types
to
resolve
conclusively the
immunity
of the
at least
_________
of
searches.
it impossible
question on
summary
judgment.
Fourth Amendment
________________
requirement
of
the
Fourth
Amendment,
amendment."
full
to the warrant
but
is
also
United States v.
_____________
-1212
have
any further
justification for
search of an arrestee.
performing a
need to
full body
Cir. 1997).
Moreover, a
search incident
to
accused arrives at
"may
legally be conducted
the
place of detention."
803 (1974).
However, Robinson
________
searches
as a
that all
possible
search incident to
arrest.
To the
Holding
the Warrant
to
circumstances present
not
the
leave
law
Clause inapplicable
enforcement
subject to no restraints.
here does
officials
This type
of
Fourth
proscription
Amendment's
against
general
unreasonable
Edwards, 415 U.S. at 808 n.9 (quoting Terry v. Ohio, 392 U.S.
_______
_____
____
1, 20 (1968)).
search at
In Robinson
________
issue, while
patently abusive
Rochin
______
Illinois
________
v.
thorough, did
characteristics."
California,
__________
v.
Lafayette,
_________
342 U.S.
462
U.S.
414 U.S.
165
640
or
at 236 (citing
(1952)).
(1983),
Later, in
the
Court
-1313
a strip
646 n.2.
visual
"Robinson simply
________
a strip
and
Chicago,
_______
Id. at
___
v. City of
_______
court simply
intrusions
inspection.).
did not
that
contemplate the
occur[]"
in
significantly greater
visual
body
cavity
Wolfish,
_______
"[t]he test
In Bell v.
____
Fourth Amendment is
Id. at 559.
___
of a warrantless search
for the
must
search entails.
consider the
scope
of the
is
conducted, the
initiating it,
justification for
is conducted.
Id.
___
In Wolfish,
_______
the Supreme
balancing
test
to a
detainees
inspection
prison policy
to
their
body
arraigned pre-trial
cavities
for
visual
contact visit
Id. at 558.
___
"expose
that required
with a
-1414
the institution."
[the Court] the most pause," id. at 559, the Court found only
___
that
than probable
cause."
Id. at
___
560.
In so
conducted on less
holding, Wolfish
_______
of
general
application
that
search
be
justified
as
of
the type
to
which
Swain
was
test to searches
subjected,
courts
have
seriously upon the values that the Fourth Amendment was meant
to protect.
These
strip naked
in front of a
only to
to expose the
most private
here, done
degrading
and
humiliating
"recognize[d], as
have all
privacy that
of
Cir.
searches
genital
positions.
Our
The
Seventh
involving the
areas
arrested is required
as
to assume
circuit
Circuit
has
has
considered the
body cavities."
1983).
This is often, as
person's
a visual inspection
described
visual
inspection of
demeaning,
dehumanizing,
"strip
the anal
and
undignified,
signifying degradation
and submission."
-1515
F.2d
at 1272
Wood v.
____
(internal quotation
marks omitted);
see also
________
as a routine procedure or
Indeed, a
strip search, by
constitutes an
extreme
intrusion
upon
offense
to the dignity of
Angeles
Police Dep't,
_______________________
1990)("Strip
personal
privacy, as
well
as
an
901
F.2d
searches involving
702,
the
711
(9th
visual exploration
Cir.
of
On
the
legitimate needs
security
has
been
of
law
found
to
enforcement.
be
Institutional
compelling
reason for
strip searches
courts
Some
justified
by the
need
evidence of a crime.
to discover
and preserve
concealed
Peachtree City,
______________
less than
and
security;
search
for
evidence must
probable cause).
-1616
be
justified
by
Balancing
that, to be
suspicion that
Crouch,
______
See,
___
have concluded
must be justified
the
arrestee
e.g, Justice,
___ _______
is
by at least
concealing
961 F.2d at
visual body
a reasonable
contraband
or
192; Masters
_______
v.
872 F.2d 1248, 1255 (6th Cir. 1989); Weber, 804 F.2d
_____
at 802; Stewart
_______
Cir.
interests, courts
cavity searches
weapons.1
these
153, 156
(5th
89
F.3d
at
929
(prison
Uricoechea-Casallas, 946
___________________
routine
United
States
_______________
border searches);
visitors);
cf. Burns
___ _____
See Wood,
___ ____
v.
Cir. 1991)(non-
v. Loranger,
________
907 F.2d
were
exigent circumstances
and
probable cause
controlled substance
would be found on
Accordingly,
clear
suspicion
it
is
standard
governs
that
at
to
believe
arrestee's person).
least
strip and
the
visual
reasonable
body
cavity
____________________
1.
threat
to
institutional
security, the
higher
showing
of
Fuller,
______
-1717
United
______
the
In that case,
his rectum.
Id. at 299.
___
"[a] post-arrest
Edwards," and
_______
that
search of
search unreasonable.
Klein
_____
Court's
precedent
approved by
of individualized suspicion
in the
developing
area,
and we
doctrine.
are
Klein
_____
bound by
predates
the
Supreme
Lafayette,
_________
Edwards
_______
did
not answer
appropriate.
predated
the
Lafayette,
_________
Wolfish,
_______
invasiveness
question of
of
462 U.S.
with
strip
its
and
to
the developing
when
a strip
at 646 n.2.
explicit
visual
doctrine,
Bonitz v.
______
this
also
body
cavity
of
the
searches.
circuit
has
repeatedly
Klein
_____
recognition
Cir.
was
F.2d at 236-37;
search
at 887.
164, 170-72
(1st
Accordingly, to
the extent
searches
-1818
it
does not
survive
Lafayette, Wolfish,
_________ _______
and this
court's
Turning
to
the
particular search
at
issue,
we
Swain,
that
unreasonable
jury
and
Accordingly,
could
thus
we find
violated
that
find
1983.
that
the
Swain has
the
search
Fourth
stated a
was
Amendment.
trialworthy
strip search
Swain
punishment
Hayes'
for
angry
what he
response
sexual humiliation on
perceived
to
failed interrogation of
as
Swain's
her as a
her non-cooperation.
inability
to
provide
search
this
degrade."
We
must
thus
examine
____________________
2.
serve to
purposes, so
invalidate a
long as
search for
exclusionary rule
objectively reasonable
-1919
law
and, we
reasonable suspicion
contraband on her
were
that Swain
person.
not adequate
of
time
grounds to justify
drugs or
the strip
and visual
of
before
important to
was concealing
Three factors
the search.
she was
search
searched
her before
she
and
no
one thought
angered Hayes
by
it
not
giving
him
the
importantly,
herself,
also
her
information
he
sought.
to go to
Perhaps
more
the bathroom by
This
private parts.
knowledge
that
drug
Cf. Burns,
___ _____
users
and
907
F.2d at
dealers
238
with
(common
controlled
the
toilet).
evidence.
evidence,
such
____________________
Court
recognized in
Malley
______
v. Briggs,
______
475
("While
necessary
cost
we believe the
purpose, it
U.S. 335,
those in a
344
1983
obviously does
so at
a considerable
probative
remedy
of guilt.
for [a
. .
Fourth
On the
other hand,
Amendment violation]
a damages
imposes a
responsible . . ., without
cost
the side
-2020
evidence
still existed,
further delay
to obtain
a warrant
would
not
have
destruction.
significantly
This was
increased
the
risk
of
Swain was
in
for
warrantless strip
and
visual body
institutional security.
It
her
was the
arraignment, Swain
holding
cell
arraignment
released,
she
of
the North
cavity searches
is
only person in
Reading
Police
There was
the women's
Station.
Her
no risk that
to smuggle
a secure environment.
Hayes
stated that
suspect,
believed that
that of
he
others in
the police
security justification
Swain, as
a narcotics
a threat
station.
thus appears
to his safety
The
or
institutional
to be absent
from this
case.
Third, there
police
Milbury
of
the young
were
first
shoplifting activities.
searching Swain,
woman and
pulled
her
over
Officer
because
of
Swain and
Milbury's
-2121
boyfriend.
by the
had
a history of drug
not
have a
criminal
convictions.
record.
By
Milbury
had told
from
well.
objectively
officers,
reasonable, and
more so,
to search
Milbury as
On
the other
hand,
Swain did
drop
a baggie
of
in
the case.
policy,
This is
which requires
which requires an
probable cause,
reveal
nor
does
constitutes
law.
it
or the
individualized suspicion,
reveal
or weapons.
was in the
whether
a misdemeanor
or a
MPI policy,
even where
the
not
possession
felony
of
that
amount
under Massachusetts
have possessed
enough
to
discussed
some unspecified
overcome,
as
amount of marijuana
matter
of
law,
the
is not
factors,
Swain unreasonable.
-2222
Accordingly,
we
hold that
a jury
could lawfully
searching
claim
from
C. Qualified Immunity
_____________________
Defendants
entitled to
prongs
assert
qualified immunity
to the
the
court.
Elder v.
_____
in
any event,
There are
analysis. First,
F.3d 20, 24
are,
from suit.
qualified immunity
constitutional right in
time
that they
St. Hilaire
___________
That is a
Holloway, 510
________
two
was the
at the
v. Laconia, 71
_______
U.S. 510,
516 (1994).
Second,
would
understand
that
established right?
The
reasonable,
the
similarly
challenged
situated
conduct
official
violated
that
Fourth
Amendment
right
to
be
free
from
Blackburn,
_________
236;
in 1977,
[there
Amendment right to
discussed
was] a
established' Fourth
be free of unreasonable
above, Klein's
_____
reasonable search
'clearly
holding
incident to
searches.").
that such
a search
As
is a
abrogated by
-2323
subsequent
been
Supreme Court
squarely
rejected
and First
by
the
See Fuller,
___ ______
Circuit cases,
other
circuit
and had
courts
to
was
not justifiable as a
search incident to
Mary Beth
_____
only constitutional
where there is a
arrestee is concealing
_________
in Klein are
_____
804 F.2d at 801 nn. 6 & 7, 803 (holding that it was, in 1986,
body cavity
citing
"ten opinions
from seven
search
must be evaluated
unconstitutional, and
circuits" that
refused to
under the
reasonableness standard
The
question
is
thus
whether
an
objectively
reasonable officer
Swain
was, under
would understand
that a strip
these circumstances,
search of
unreasonable.
This
dispute.
Nahmod,
-2424
1991).
The
ultimate
question
of
whether
on the
basis
of information known
to him, could
constitutional
law, subject to
not the jury.
dispute,
rights
is a
that
question of
resolution by the
But if there is
factual
have
judge
a factual
dispute must
be
Figueroa-Rodriguez v.
__________________
1988)("While the
is ultimately a
question of law, it
U.S.
Anderson v. Creighton,
________
_________
Consolo v. George,
_______
______
483
58 F.3d 791,
submit
issue
special
of objective
reasonableness
interrogatories),
cert. denied,
_____________
to
116
the jury
S.
Ct.
on
520
(1995).
resolved,
Veilleux
________
where possible, in
v.
Perschau,
________
However, disposition
not
always
101
advance of trial.
F.3d
1,
of the question on
possible.
Here,
some
(1st
be
See, e.g.,
___ ____
Cir.
1996).
summary judgment is
material
facts
are
significantly in dispute.
Hayes conflict on
of Officer
events.
Some
-2525
or contradicted
Milbury.
by other
witnesses,
as the
immediately
upon being
had occurred.
essential to
informed that a
The timing of
a determination of whether
was objectively
reasonable. There
trier of
conflicts
may
fact.
Only
the trial
after
court
is
defendants' conduct
are thus
the
narcotics violation
factual issues,
the resolution
apply the
of
relevant
these
law on
objective reasonableness.3
We
protected
in
also
close
recognize
cases
by
that
police
the
doctrine
officers
of
are
qualified
from
the chilling
Diaz-Torres,
threat of
liability.
Vargas-Badillo v.
______________
___________
1997)
(patent violation
officers
qualified
violate
of
qualified
immunity does
the law."
of
law necessary
immunity).
not
On
protect
Malley v.
______
to strip
the
other
"those who
Briggs,
______
police
475 U.S.
hand,
knowingly
335,
341
____________________
3.
In St. Hilaire, we
____________
functions
between
reasonableness inquiry
special
noted
judge
may
that the
and
proper division
jury
on
be accomplished
the
either
of
objective
through
instructions.
St. Hilaire,
___________
Nahmod, supra,
_____
8.08,
71 F.3d
at 137.
-2626
at
We leave
24 n.1;
see also
________
(1986).
Here, further
is necessary
of "close cases" in
Lewiston, 42
________
related
search
and
by Swain,
Officer
visual body
"a fairly
Hayes used
cavity
On the facts as
a warrantless
inspection
as
strip
tool
to
to
respond to interrogation.
Independently
Officer
Hayes
retaliate,
by Malley,
______
on its facts,
was alone in
that
dispose of any
a monitored
might justify
Such allegations,
of
the
allegations
law
Swain also
to
asserts the
This
cell, posing no
danger to
hastily
proceeding without
if true, do
not represent a
that
in order
objectively reasonable.
opportunity to
issue
deliberately violated
as forbidden
search is not,
of the
when she
others
warrant.
"close case"
D. Municipal Liability
______________________
Swain
claims that
the
Town of
-2727
North Reading
is
1983:
plaintiff seeking
to impose
on a municipality under
identify
"custom"
municipal
that
caused
the
1983
"policy"
or
plaintiff's
injury.
. . . .
As
our
1983
municipal liability
demonstrate
that,
deliberate conduct,
the
"moving
alleged.
that
its
force"
behind
the
injury
of culpability
and
must
direct causal
link
demonstrate
between
the
municipal
action
and
the
claim of
(1997)
(discussing Monell v.
______
1388
Here,
Swain
predicates municipal
liability
on a
policy on
are appropriate
authorize
them.
to the level of
This failure
and who
may
rights of arrestees.
-2828
in Brown:
_____
We
concluded
in
Canton
______
that
for
1983 liability
circumstances."
We
an
be the
in "limited
spoke, however, of a
intended to apply
employees.
over time to
Existence
of
multiple
"program"
inadequate
program
training
does not
case.
If
prevent constitutional
violations, municipal
decisionmakers may
eventually be
notice that a
put on
new
program is
called for.
Their continued
adherence
to an approach
or
should know
tortious
has
conduct
failed
by
to
prevent
employees
may
of
their
action
--
the
indifference"--necessary
to
378 (1989)).
Swain
incidents in
does
which the
not,
however,
point
to
any
other
force violated
cavity
searches.
There
decisionmaker,
based
was thus
on
"no
notice to
the
municipal
of
federally
previous violations
The Supreme
that a
constitutional violations.
circumstances, a
highly
left
open the
pattern of
of
Court has
violation of
predictable consequence
-2929
of
possibility
without showing a
"[I]n
federal
Id.
___
a narrow range
rights may
a failure
to equip
be a
law
situations."
Id. at 1391.
___
This is
Purnell agreed
guidelines,
memo
not that
that every
case.
Officer Hayes
requiring strip
cause
to handle recurring
searches to
with policy
Lieutenant Nolan's
be justified
by probable
The police
to
and Chief
force.
Apparently,
not all
the officers
had a
consistent
However, it is undisputed
that North
distributed to
reasonably inferred
known,
that his
Accordingly,
an appropriate policy
officers
Swain
were not
cannot
"deliberate indifference"
make
that was
it cannot be
or should have
executing that
the
policy.
requisite showing
to her constitutional
rights.
of
We
North
Reading.
The
14,
gives
Massachusetts
every
person
Declaration of
the
right
to
Rights, article
be
free
from
"unreasonable searches."
-3030
either federal or
that
the
state law.
protections
Amendment protections
the
search of
of
article
of the federal
14
tracked
concluded
the
Fourth
under both
federal and
state
575
law.
N.E.2d
constitution
We agree
1124
(Mass.
provides
1991),
at
least
against
federal
Constitution.
However,
Supreme
Judicial
has
provides
Court
determining
(1987).
probable
the
of
in
some
does the
instances,
that
state
protection
searches as
concluded
cause
that
level
the
"art[icle] 14
to criminal defendants
informant tips);
1029
the
body cavity
for
indicate
N.E.2d 548,
Rodriques v. Furtado,
_________
_______
based
federal standard
on
confidential
the Massachusetts
n.8.
The SJC
searches in
prisons
were not
"germane"
to a
body
cavity
Fourth
Amendment
rights of
possibility
that
prisoners and
their visitors."
Massachusetts
-3131
law
might
place
greater
limitations
on
the
use of
strip
and
visual body
cavity
We need
Massachusetts
not attempt
Having
found
that
the
to predict fully
what course
search
of
Swain
may
have
been
we
the search
similarly, and
we therefore reinstate
her state
injuries
were
coercion" as
perpetrated
by
required under
Blake,
_____
631
or
See, e.g.,
___ ____
N.E.2d 985,
990
another
intimidation,
Massachusetts law.
(Mass. 1994).
"threats,
fearful or
"intimidation" may
as an "exertion of pressure
apprehensive
of injury
to make
or harm";
that
"coercion" may be
moral
physical or
otherwise
not have
done.
Id.
___
On
the facts
here, a jury
could
find
that Officer
Hayes
used
the strip
search
to
psychological
pressure
designed
to
weaken
her
perceived
-3232
"intimidation"
or
"coercion"
within
the
meaning
of
the
statute.
The judgment
respect
to the
Town
of the
of North
court below is
Reading,
affirmed with
affirmed
________
and reversed
reversed
________
with
-3333