Woodbury County faces class action suit over jail's strip-search policy
By Nick Hytrek Journal staff writer

SIOUX CITY -- A lawsuit filed over the Woodbury County Jail's former strip search policy could eventually include thousands of people who have been booked since 1985.

Lisa Lambert said in a suit filed Monday in U.S. District Court that her Fourth Amendment rights protecting her against unlawful search and seizure were violated when a Woodbury County jailer performed a strip search when she was booked on a simple misdemeanor domestic abuse assault charge on March 17.

The Sedalia, Mo., resident said she became upset and began to cry after she was told to lift her breasts and spread her buttocks for what the female jailer told her was a routine search. In her suit, Lambert called the search demeaning, dehumanizing and humiliating.

The lawsuit seeks the inclusion of thousands of people who were subjected to the jail's policy that anyone charged with a crime greater than a simple misdemeanor would be strip searched.

That policy was changed, the lawsuit said, on Oct. 15 and now says that anyone arrested on a simple misdemeanor shall not be strip searched unless there is suspicion that the person is concealing a weapon or contraband.

"I think the policy now is constitutional, and we're very happy about that," said Jean Pendleton, the West Des Moines attorney representing Lambert.

The suit is similar to one filed in February 2007 by Maureen Rattray.

Rattray alleges she was subjected to a similar strip search after a drunken-driving arrest in 2006. A trial in her case is scheduled for February 2009.

Pendleton has asked to have Rattray's case declared a class action suit. It has yet to be granted class action status.

According to Lambert's suit, thousands of people booked into the Woodbury County Jail since 1985 have been subjected to similar searches. The lawsuit is seeking an unspecified amount of damages for Lambert and others who may be a party to the class action.

Pendleton said she plans to try to consolidate the Lambert and Rattray cases.

Doug Phillips, a Sioux City attorney representing the county, said the county would oppose the certification of the cases as class action suits.

Nick Hytrek can be reached at 712-293-4226 or nickhytrek@siouxcityjournal.com.

http://www.siouxcityjournal.com/article ... 19ac31.txt

[i]“It's not the voting that's democracy; it's the counting.â€