Harris v. Klare

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Brittany, age 17, her mother, father, and sister, driving home from dinner, were stopped by Erlanger police because of an obstructed license plate. Mother, the driver, was arrested for obstructing a license plate, driving with no registration plates, driving with a suspended license, and possession of a forged instrument. Officers noticed that father's “tools, like screwdrivers and wrenches,” some of which were “sitting out” and others “in containers” and suspected that mother was engaged in drug activity. They sent for a drug dog, which found no drugs. The wait took about an hour. A female officer, Klare, escorted Brittany to the restroom with permission from father. Klare told Brittany that she “may have to search” her, then asked, “would you step over here.” Brittany answered “yes” and walked to the requested location. The snap securing Klare’s gun was unfastened; she placed her hand on the gun five times while talking to Brittany. Klare secured Brittany’s hands behind her back. Brittany claims that Klare placed her hands under Harris’s brassiere and pinched her breasts, causing bruising, stating a previous suspect had “stuffed needles in her bra” and that “[y]ou have the look of a junkie whore.” Klare found no drugs, paraphernalia, weapon, or other contraband. Brittany sued Klare under 42 U.S.C. 1983. The Sixth Circuit reversed summary judgment. A reasonable jury could find that Klare’s search of Brittany was unconstitutional and that Klare is not entitled to qualified immunity. View "Harris v. Klare" on Justia Law