Lynn v. O'Leary.

U.S. District Court

SEARCHES

Lynn v. O'Leary, 264 F.Supp.2d 306 (D.Md. 2003). An arrestee sued state prison officials, alleging that he was subjected to an unlawful arrest, excessive force, and an illegal cavity search. The district court granted summary judgment for the defendants in part, and denied it in part. The court held that officials were not entitled to governmental official immunity, under state law, in light of allegations that the officials acted with malice or were grossly negligent when they allegedly searched the arrestee's cavities while he was attempting to visit his son, after the officials informed the arrestee that a drug dog had falsely alerted on him. The arrestee had arrived at a state prison with his wife, intending to visit his son who was an inmate. While he was waiting to be admitted to the visiting area, a search dog was brought into the area and canvassed the room on a long leash. The dog gave a positive alert for drugs and the arrestee was subjected to a pat down search and his visitor locker was searched. No drugs were found on his person or in his locker and he was told that the dog had made a false alert. But he was not allowed to visit, and waited in lobby while his wife visited their son. After the visit prison officials ordered the arrestee into a side room where his wife heard him scream in pain. He informed the officials that he suffered from a medical condition. He was informed that he was under arrest and that he would be subjected to a strip and body cavity search, and the arrestee demanded that a warrant be produced. His clothes were forcibly removed and no contraband was found. $2,000 was taken from his wallet and divided among the prison officials. His person was then searched, including a body cavity examination. While he was dressing after the search one officer jerked up the arrestee's left leg, causing him to fall off a chair and hit his head against a wall, and he was knocked unconscious. He was taken to a hospital where he was found to be suffering from a contusion to his brain, and injury to his back, shoulder and arm. He was permanently banned from visiting his son. (Maryland House of Corrections Annex, Jessup, Maryland)