By: Daily Record Staff//November 14, 2023
By: Daily Record Staff//November 14, 2023//
United States Court of Appeals for the Second Circuit
Qualified immunity – Two-hour delay post-bail release
Judges Leval, Chin, and Perez
Background: The plaintiff appealed from the dismissal of his complaint. He alleged that his rights were violated when he was subjected to a strip search upon his admission to county jail as a misdemeanor arrestee and that his release was delayed following the posting of his bail.
Ruling: The Second Circuit affirmed in part and vacated in part. The court held that qualified immunity did not apply as there was no policy in place requiring that every detainee admitted to the county jail be strip searched. Further, there was no penological justification for subjecting the plaintiff to a strip search. The Second Circuit also held that there was no error in finding that the two-hour delay in the plaintiff’s release did not rise to the level of a constitutional violation.
Christopher M. Murphy, pro se; Kayla A. Arias, of Barclay Damon, for the defendants-appellees.