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Watson v. Jones

United States Court of Appeals, Eighth Circuit
Dec 1, 1992
980 F.2d 1165 (8th Cir. 1992)

Summary

holding that allegations in verified complaint of sexually harassing pat-down searches created a material factual dispute precluding summary judgment

Summary of this case from Seltzer-Bey v. Delo

Opinion

No. 92-2034.

Submitted November 9, 1992.

Decided December 1, 1992.

Joseph Watson and Bill Harris, pro se.

Robert J. Krehbiel and Donna S. Morrison, St. Louis, Mo., argued, for appellee.

Appeal from the United States District Court for the Eastern District of Missouri.

Before JOHN R. GIBSON, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


Joseph Watson and Bill Harris, Missouri inmates, appeal the district court's grant of summary judgment to defendant Jones in their 42 U.S.C. § 1983 case. We reverse and remand.

In a verified complaint, Watson and Harris alleged that Jones, a female corrections officer, performed almost daily routine patdown searches for the two months preceding November 2, 1990, that consisted of tickling and "a deliberate examination of the genital, anus, lower stomach and thigh areas." They alleged that, when they informed Jones that they wished to be searched by male guards, Jones retaliated by citing them for false disciplinary violations. They further alleged that, when they refused to be searched by Jones, they were placed in the "hole." They attached to their complaint conduct violation reports: Harris's indicates that he stated to the interviewing officer that he refused the pat-down search and had made complaints about Jones "being sexually harassing."

Jones moved for summary judgment. In an affidavit in support, Jones attested that, during the two-month period in question she patted down plaintiffs only six to seven times; she pats down inmates in accordance with procedure; she never pats an inmate in the crotch area unless she "know[s] something is there"; she never touches an inmate's genital, anal, or upper thigh area; and she has touched an inmate's lower stomach with the back of her hands in accordance with procedure. Plaintiffs' response essentially reiterated the allegations in their complaint, adding that Jones's searches included "prolonged rubbing and fondling of the genitals and anus area"; her searches violated their Fourth Amendment rights; and they did not refuse pat-down searches by Jones because of her gender, but because of her "ongoing sexual advances toward them."

The district court granted Jones's motion for summary judgment, finding that the inmates had made only broad, conclusory allegations of sexual harassment, while Jones, in her affidavit, swore that she had not conducted any improper pat searches.

In reviewing a decision of the district court to grant summary judgment, we must apply the same strict standard as the district court; therefore, our review is de novo. Robinson v. Monaghan, 864 F.2d 622, 624 (8th Cir. 1989). We are required to view all evidence in the light most favorable to the nonmoving party and to give that party the benefit of all reasonable inferences to be drawn from the underlying facts disclosed in the pleadings. Id. Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c).

We conclude that a material factual dispute remained concerning whether Jones subjected the plaintiffs to sexually harassing and physically intrusive patdown searches. Plaintiffs' verified complaint is the equivalent of an affidavit for the purpose of summary judgment. See Williams v. Adams, 935 F.2d 960, 961 (8th Cir. 1991). Plaintiffs' attestation in their complaint that Jones fondled them during pat-down searches was countered by Jones's denial in her affidavit supporting her summary judgment motion. Although plaintiffs' complaint admittedly lacks detail, we do not agree with the district court that the allegations were broad and conclusory. Plaintiffs included allegations regarding when the searches occurred (almost daily for a period of two months preceding November 2, 1990), under what circumstances the searches occurred (routine), how Jones conducted the searches, and complaints to prison officials about the searches (in Harris's conduct violation report attached to the complaint).

The district court also asserted that plaintiffs' constitutional rights were not violated solely because pat-down searches were conducted by female corrections officers, citing Timm v. Gunter, 917 F.2d 1093, 1100-01 (8th Cir. 1990). We find the instant case distinguishable from Timm based on the arguments presented. In Timm, the inmates claimed that pat-down searches by female corrections officers per se violated their constitutional rights. Here, plaintiffs alleged that Jones's searches were unreasonable because of the manner in which she conducted them.

Accordingly, we reverse and remand to the district court for further proceedings.


Summaries of

Watson v. Jones

United States Court of Appeals, Eighth Circuit
Dec 1, 1992
980 F.2d 1165 (8th Cir. 1992)

holding that allegations in verified complaint of sexually harassing pat-down searches created a material factual dispute precluding summary judgment

Summary of this case from Seltzer-Bey v. Delo

finding Eighth Amendment violation where correctional officer sexually harassed two inmates on almost daily basis for two months by conducting deliberate examination of genitalia and anus

Summary of this case from Williams v. Kernan

finding valid Eighth Amendment claim where plaintiffs alleged sexual harassment and sexual fondling during pat frisks almost daily and over a two-month period

Summary of this case from Jones v. Luedtke

finding valid Eighth Amendment claim where plaintiffs alleged sexual harassment and sexual fondling during pat frisks almost daily and over a two-month period

Summary of this case from Smith v. Black Hawk Cnty. Jail

finding Eighth Amendment claim where correctional officer sexually harassed two inmates on almost daily basis for two months by conducting deliberate examination of genitalia and anus

Summary of this case from Minifield v. Butikofer

reversing a grant of summary judgment where the plaintiffs attested that prison officials were engaging in almost daily, sexually harassing pat-down searches

Summary of this case from Berryhill v. Schriro

reversing grant of summary judgment for defendant and holding that a material factual dispute existed as to whether defendant sexually harassed plaintiffs almost daily for a period of two months

Summary of this case from Alexander v. Steele Cnty. Jail

reversing grant of summary judgment based on disputed evidence concerning whether female correctional officer subjected the male inmate plaintiffs to sexual harassment by "physically intrusive pat-down searches."

Summary of this case from Cummings v. Harrison

reversing grant of summary judgment based on disputed evidence concerning whether female correctional officer subjected the male inmate plaintiffs to sexual harassment by "physically intrusive pat-down searches."

Summary of this case from Cummings v. Harrison

reversing summary judgment in favor of female correction officer where male inmates alleged sexual harassment and sexual fondling during pat frisks

Summary of this case from Carrigan v. Davis

considering claim by two male inmates that female correctional officer routinely "fondled them during pat-down searches"

Summary of this case from Bearchild v. Cobban

distinguishing Timm based on the manner of the pat search

Summary of this case from Williams v. Bradley
Case details for

Watson v. Jones

Case Details

Full title:JOSEPH WATSON; BILL HARRIS, APPELLANTS, v. MARIE JONES, APPELLEE

Court:United States Court of Appeals, Eighth Circuit

Date published: Dec 1, 1992

Citations

980 F.2d 1165 (8th Cir. 1992)

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