U.S. District Court: COMPENSATORY DAMAGES.
Kelleher v. New York State Trooper Fearon, 90 F.Supp.2d 354 (S.D.N.Y. 2000). An arrestee brought a [sections] 1983 action against a police officer, alleging that he was subjected to an unlawful strip search. The district court held that the issue of whether the officer had an objectively reasonable suspicion to strip search the arrestee was for the jury, but that the jury award of damages in the amount of $125,000 as compensation for emotional distress were excessive to the extent that they exceeded $25,000. According to the court, although the unlawful strip search in which the arrestee was touched by the officer was an "egregious intrusion" on the arrestee's person, there was no corroborating medical evidence concerning the arrestee's emotional distress. The officer had transported the arrestee to a state police barracks and conducted the strip search in a bathroom. (State Police Barracks in Brewster, New York)
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|Publication:||Corrections Caselaw Quarterly|
|Article Type:||Brief Article|
|Date:||Aug 1, 2000|
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