Archuleta v. Wagner

(10th Cir. No. 07-1108, filed 04/29/2008). Jail deputy was not entitled to qualified immunity for performing a strip search of a woman jailed on an invalid warrant for someone else. Archuleta was arrested on a warrant for “DV-harassment”meant for Phyllis Rivera, a lesbian Hispanic female, 42-42 years old. Archuleta, a 46-year old mother of nine, was arrested after a traffic stop. She was frisked at the scene, then twice more at the jail, before defendant strip-searched her. Archuleta claimed mistaken identity, and the defendant at one point allegedly said “this isn’t her,” when Archuleta did not have the moles and tattoos identified in the jail’s computer files, and also allegedly stated that she knew Archuleta was innocent. Archuleta began lactating while being force to stand naked and defendant belittled her and ordered her to put her arms down when she attempted to cover up. Finding no reasonable suspicion to suspect defendant was armed and that she would not be put in general population, the Circuit held that a strip search violated Plaintiff’s constitutional rights, those rights had been clearly established since at least January 24, 1991, and defendant was not entitled to qualified immunity.