Case: Swain v. Spinney

1:95-cv-10765 | U.S. District Court for the District of Massachusetts

Filed Date: April 13, 1995

Closed Date: 1997

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Case Summary

On April 13, 1995, Plaintiff filed a lawsuit under 42 U.S.C. § 1983 and Massachusetts General Laws Chapter 12, §§ 11H and 11I against police lieutenant, police officer, and the Town of North Reading in the United States District Court for the District of Massachusetts. Plaintiff, represented by private counsel, asked for compensatory and punitive damages, alleging that the officer's strip search, pursuant to the lieutenant's orders, violated her constitutional rights. Plaintiff alleged that t…

On May 18, 1993, police stopped Plaintiff and her boyfriend for shoplifting. Police allegedly saw Plaintiff drop a bag of marijuana on the ground. Plaintiff was patted down, and then brought to the police station. An officer pat-frisked Plaintiff and found rolling papers. Defendant-Lieutenant tried to interrogate her. She refused to answer him, and the Lieutenant became angry. The Lieutenant then ordered Defendant-Officer to search Plaintiff. Plaintiff was strip searched and subjected to a visual body cavity search. Plaintiff's boyfriend was not strip-searched.

On July 5, 1996, the United States District Court (Judge George A. O'Toole, Jr.) granted summary judgment for Defendants. The court held: (1) the search was reasonable under the Fourth Amendment because an officer saw Plaintiff try to discard marijuana and found rolling papers in her purse, (2) Defendants were entitled to qualified immunity, and Defendant Lieutenant's subjective purpose in ordering Plaintiff's strip search was irrelevant to this inquiry, (3) search did not violate Massachusetts Declaration of Rights because this standard was the same as the federal standard, and (4) Plaintiff failed to show that the Town was deliberately indifferent to her rights. Swain v. Spinney, 932 F.Supp. 25 (D. Mass. 1996).

On June 25, 1997, the First Circuit Court of Appeals (Judges Sandra Lynch, Norman H. Stahl, and Hugh H. Bownes) affirmed summary judgment for the Town and reversed summary judgment for Defendant Officer and Lieutenant. The Court held: (1) A jury could find that Defendants did not have the required reasonable suspicion that Plaintiff concealed contraband in order to strip-search Plaintiff. (2) Issues of fact as to basis for search precluded summary judgment for Defendants Lieutenant and Officer. Defendant Lieutenant may have ordered the strip search in retaliation for Plaintiff not cooperating during her interrogation because Plaintiff was allowed to use the bathroom unobserved before being searched, Plaintiff's search was not justified by institutional security because she was the only person in her cell, and her boyfriend was not searched despite his criminal record. (3) Town was not liable under § 1983 for alleged failure to train police because the Town gave officers policy guidelines stating that they could only strip-search arrestees if they had probable cause to believe arrestee concealed contraband and a search warrant was required for a body cavity search. (4) Massachusetts search and seizure provision did not provide less protection than federal constitution. (5) Lieutenant's conduct could count as "intimidation" or "coercion" within meaning of Massachusetts civil rights statute.

Swain v. Spinney, 117 F.3d 1 (1st Cir. 1997).

The case settled and was dismissed on September 19, 1997.

Summary Authors

Shira Gordon (3/31/2012)

People

Judge(s)

Bownes, Hugh Henry (New Hampshire)

Lynch, Sandra Lea (Massachusetts)

Attorney for Plaintiff

Casey, Michael Edward (Massachusetts)

Attorney for Defendant

Gilgun, Regina M. (Massachusetts)

Louison, Douglas I (Massachusetts)

Judge(s)

Bownes, Hugh Henry (New Hampshire)

Lynch, Sandra Lea (Massachusetts)

O'Toole, George A. Jr. (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Stahl, Norman H. (Massachusetts)

Attorney for Plaintiff

Casey, Michael Edward (Massachusetts)

Tyler, Michael E. (Massachusetts)

Attorney for Defendant

Gilgun, Regina M. (Massachusetts)

Louison, Douglas I (Massachusetts)

Ryan, Regina M. (Massachusetts)

Documents in the Clearinghouse

Documents in this case

96-02035	Docket [PACER - 1st Cir.] Swain v. Roe U.S. Court of Appeals for the First Circuit	July 17, 1997	July 17, 1997 Docket
1:95-cv-10765	Docket [PACER] Swain v. Roe	Sept. 19, 1997	Sept. 19, 1997 Docket
96-02035	Brief of the Defendants-Appellees U.S. Court of Appeals for the First Circuit	Jan. 1, 1996	Jan. 1, 1996 Pleading / Motion / Brief
44 1:95-cv-10765	Memorandum and Order	July 5, 1996	July 5, 1996 Order/Opinion 932 F.Supp. 25
96-02035	Appellant's Brief and Supplement U.S. Court of Appeals for the First Circuit	Nov. 29, 1996	Nov. 29, 1996 Pleading / Motion / Brief
96-02035	Appellate Decision U.S. Court of Appeals for the First Circuit	June 25, 1997	June 25, 1997 Order/Opinion 117 F.3d 1

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Docket

Last updated March 23, 2025, 9:17 a.m.

ECF Number	Date	Description	Link
1	April 13, 1995	Complaint filed. Case assigned to Judge: Zobel. Receipt #: 267843 Amount:$ 120.00. (fmr) (Entered: 04/13/1995)	PACER
	April 13, 1995	Summons issued for Mary Roe, Edward Hayes, North Reading (fmr) (Entered: 04/13/1995)	PACER
2	April 26, 1995	Return of service executed as to Edward Hayes with service on 4/21/95 filed. Answer due on 5/11/95 for Edward Hayes (lau) (Entered: 04/27/1995)	PACER
3	April 26, 1995	Return of service executed as to North Reading with service on 4/21/95 filed. Answer due on 5/11/95 for North Reading (lau) (Entered: 04/27/1995)	PACER
4	May 8, 1995	Answer by Edward Hayes, North Reading to complaint; jury demand, filed. (lau) (Entered: 05/08/1995)	PACER
5	May 8, 1995	Judge Rya W. Zobel . Notice of Hearing/conference: set scheduling conference for 2:00 7/20/95 . Entered cc/cl (lau) (Entered: 05/08/1995)	PACER
6	June 27, 1995	Return of service executed as to North Reading with service on 6/15/95 filed. Answer due on 7/5/95 for North Reading (cmg) (Entered: 06/30/1995)	PACER
	July 11, 1995	Case reassigned from Judge Zobel to Judge George A. O'Toole Jr. upon appointment to the bench. Notice sent to counsel. (cmg) (Entered: 07/14/1995)	PACER
7	July 13, 1995	Motion by Kelly J. Swain to amend [1-1] complaint , filed. (lau) (Entered: 07/14/1995)	PACER
8	July 14, 1995	Joint statement by Kelly J. Swain, Mary Roe, Edward Hayes, North Reading , re: Local Rule 16.1, filed. (lau) (Entered: 07/17/1995)	PACER
9	July 17, 1995	Amended complaint by Kelly J. Swain filed. (Answer due 7/27/95 for North Reading, for Edward Hayes, for Mary Roe ) . Amended complaint amends [1-1] complaint ; adding Laura Spinney . (lau) (Entered: 07/18/1995)	PACER
12	July 20, 1995	Judge George A. O'Toole Jr. . Clerk's Notes: re: scheduling conference, set discovery due for 12/31/95 , set motion filing deadline for 1/31/96 , set Jury trial for 9:00 4/29/96 , set pretrial conference for 2:00 4/18/96 (lau) (Entered: 07/26/1995)	PACER
	July 20, 1995	Scheduling conference held . (lau) (Entered: 07/26/1995)	PACER
10	July 24, 1995	Notice of appearance of attorney for Edward Hayes, North Reading, Laura Spinney by Regina M. Gilgun & Douglas I. Louison, filed. (lau) (Entered: 07/24/1995)	PACER
11	July 24, 1995	Certificate of Consultation re: establishing a budget , filed. (lau) (Entered: 07/24/1995)	PACER
13	July 25, 1995	Judge George A. O'Toole Jr. . Scheduling Order entered See Clerk Note #12. Entered (lau) (Entered: 07/26/1995)	PACER
14	July 28, 1995	Amended Answer to Complaint by Edward Hayes, North Reading, Laura Spinney , filed. Answer amends [4-1] answer .; jury demand (lau) (Entered: 07/31/1995)	PACER
15	July 31, 1995	Certificate of Consultation re: establishing a budget , filed. (lau) (Entered: 07/31/1995)	PACER
16	Sept. 18, 1995	Assented to Motion by Edward Hayes, North Reading, Laura Spinney to take the deposition of incarcerated person, plaintiff Christopher Milbury , filed. (lau) (Entered: 09/18/1995)	PACER
	Sept. 20, 1995	Judge George A. O'Toole Jr. . Endorsed Order entered granting [16-1] motion to take the deposition of incarcerated person, plaintiff Christopher Milbury. Entered cc/cl (lau) (Entered: 09/21/1995)	PACER
17	Nov. 17, 1995	Motion by Edward Hayes, North Reading, Laura Spinney for protective order quashing the deposition of the Town Manager and the Chairman of The Board of Selectmen , filed. (lau) (Entered: 11/17/1995)	PACER
18	Nov. 17, 1995	Memorandum by Edward Hayes, North Reading, Laura Spinney in support of [17-1] motion for protective order quashing the deposition of the Town Manager and the Chairman of The Board of Selectmen , filed. (lau) (Entered: 11/17/1995)	PACER
19	Nov. 17, 1995	Notice by Kelly J. Swain to take deposition of Town Manager of the Town of North Reading, filed. (lau) (Entered: 11/17/1995)	PACER
20	Nov. 17, 1995	Notice by Kelly J. Swain to take deposition of Chairman of the Board of Selectman of the Town of North Reading, filed. (lau) (Entered: 11/17/1995)	PACER
21	Nov. 17, 1995	Certificate of Consultation re: [17-1] motion for protective order quashing the deposition of the Town Manager and the Chairman of The Board of Selectmen , filed. (lau) (Entered: 11/17/1995)	PACER
23	Dec. 15, 1995	Memorandum by Edward Hayes, North Reading, Laura Spinney in support of [22-1] motion to compel production of Psychiatric Records , filed. (lau) (Entered: 12/19/1995)	PACER
	Dec. 21, 1995	Judge George A. O'Toole Jr. . Endorsed Order entered granting [17-1] motion for protective order quashing the deposition of the Town Manager and the Chairman of The Board of Selectmen. There being no opposition. Entered cc/cl (lau) (Entered: 01/03/1996)	PACER
24	Dec. 27, 1995	Memorandum by Kelly J. Swain in opposition to [22-1] motion to compel production of Psychiatric Records , filed. (lau) (Entered: 12/27/1995)	PACER
25	Dec. 27, 1995	Affidavit of Kelly J. Swain of Michael E. Tyler , re: [24-1] opposition memorandum , filed. (lau) (Entered: 12/27/1995)	PACER
26	Jan. 5, 1996	Letter by Kelly J. Swain by Michael E. Tyler dated: 1/2/96 re: Plaintiff's Response to Defendant, Town of North Reading's Requests for Admissions (Atty. requests it on file) filed. (lau) (Entered: 01/09/1996)	PACER
	Jan. 16, 1996	Judge George A. O'Toole Jr. . Endorsed Order entered granting [22-1] motion to compel production of Psychiatric Records as to records of treatment from May 18, 1993 to the present. Entered cc/cl (lau) (Entered: 01/17/1996)	PACER
27	March 11, 1996	Judge George A. O'Toole Jr. . Order for pretrial conference entered, set pretrial conference for 2:00 4/18/96 . Entered cc/cl (lau) (Entered: 03/11/1996)	PACER
28	April 3, 1996	Assented to Motion by Edward Hayes, North Reading, Laura Spinney to extend time to 4/17/96 to file motion for summary judgment , filed. (lau) (Entered: 04/04/1996)	PACER
29	April 3, 1996	Certificate of Consultation re: [28-1] motion to extend time to 4/17/96 to file motion for summary judgment , filed. (lau) (Entered: 04/04/1996)	PACER
	April 9, 1996	Judge George A. O'Toole Jr. . Endorsed Order entered granting [28-1] motion to extend time to 4/17/96 to file motion for summary judgment. Entered cc/cl (lau) (Entered: 04/10/1996)	PACER
30	April 12, 1996	Pretrial memorandum by Kelly J. Swain, Edward Hayes, North Reading, Laura Spinney , filed. (lau) (Entered: 04/16/1996)	PACER
31	April 17, 1996	Motion by Edward Hayes, North Reading, Laura Spinney for summary judgment , filed. (lau) (Entered: 04/18/1996)	PACER
32	April 17, 1996	Memorandum by Edward Hayes, North Reading, Laura Spinney in support of [31-1] motion for summary judgment , filed. (lau) (Entered: 04/18/1996)	PACER
33	April 17, 1996	Certificate of Consultation re: [31-1] motion for summary judgment , filed. (lau) (Entered: 04/18/1996)	PACER
38	April 18, 1996	Judge George A. O'Toole Jr. . Clerk's Notes: re: pretrial conference, reset Jury trial for 9:00 5/20/96 , set pretrial conference for 2:30 5/15/96 , Response to motion and defendant's reply by 5/3/96 [31-1] motion for summary judgment (lau) (Entered: 04/24/1996)	PACER
	April 18, 1996	Pre-trial conference held . (lau) (Entered: 04/24/1996)	PACER
34	April 23, 1996	Motion by Edward Hayes, North Reading, Laura Spinney for an Order granting access to criminal offender record information concerning the plaintiff Kelli Swain , filed. (lau) (Entered: 04/24/1996)	PACER
35	April 23, 1996	Affidavit of Edward Hayes, North Reading, Laura Spinney of Douglas I. Louison , re: [34-1] motion for an Order granting access to criminal offender record information concerning the plaintiff Kelli Swain , filed. (lau) (Entered: 04/24/1996)	PACER
36	April 23, 1996	Motion by Edward Hayes, North Reading, Laura Spinney for an Order granting access to criminal offender record information concerning the witness, Christopher Milbury , filed. (lau) (Entered: 04/24/1996)	PACER
37	April 23, 1996	Affidavit of Edward Hayes, North Reading, Laura Spinney of Douglas I. Louison , re: [36-1] motion for an Order granting access to criminal offender record information concerning the witness, Christopher Milbury , filed. (lau) (Entered: 04/24/1996)	PACER
39	May 3, 1996	Memorandum by Kelly J. Swain in opposition to [31-1] motion for summary judgment , filed. (lau) (Entered: 05/06/1996)	PACER
40	May 3, 1996	Reply by Kelly J. Swain to response to [31-1] motion for summary judgment , filed. (lau) (Entered: 05/06/1996)	PACER
41	May 16, 1996	Judge George A. O'Toole Jr. . Clerk's Notes: re: pretrial conference; summary judgment motion pending; reset Jury trial for 9:00 7/8/96 (lau) (Entered: 05/17/1996)	PACER
42	May 16, 1996	Judge George A. O'Toole Jr. . Order entered granting [36-1] motion for an Order granting access to criminal offender record information concerning the witness, Christopher Milbury. Entered cc/cl (lau) (Entered: 05/17/1996)	PACER
43	May 16, 1996	Judge George A. O'Toole Jr. . Order entered granting [34-1] motion for an Order granting access to criminal offender record information concerning the plaintiff Kelli Swain. Entered cc/cl (lau) (Entered: 05/17/1996)	PACER
	May 16, 1996	Pre-trial conference held . (lau) (Entered: 05/17/1996)	PACER
44	July 5, 1996	Judge George A. O'Toole Jr. . Memorandum and Order entered. granting [31-1] defendant motion for summary judgement. cc/cl (fmr) (Entered: 07/05/1996)	Clearinghouse
45	July 5, 1996	Judge George A. O'Toole Jr. . Judgment entered for Edward Hayes, North Reading, Laura Spinney . , and (fmr) (Entered: 07/05/1996)	PACER
	July 5, 1996	Case closed. (fmr) (Entered: 07/05/1996)	PACER
46	Aug. 7, 1996	Ex Parte Motion by Kelly J. Swain to permit late filing of Notice of Appeal , filed. (lau) (Entered: 08/07/1996)	PACER
	Aug. 9, 1996	Judge George A. O'Toole Jr. . Endorsed Order entered granting [46-1] motion to permit late filing of Notice of Appeal. Entered cc/cl (lau) (Entered: 08/09/1996)	PACER
47	Aug. 20, 1996	Notice of appeal by Kelly J. Swain filed. Appeal record due on 9/19/96 (fmr) (Entered: 08/28/1996)	PACER
	Sept. 5, 1996	Appellant's statement of issues on appeal filed by the plaintiff, Kelly Swain: (fmr) (Entered: 10/09/1996)	PACER
	Oct. 9, 1996	USCA appeal fees received Fee Status: pd Fee Amount: $ 105.00 Receipt #: 119033 (fmr) (Entered: 10/09/1996)	PACER
48	Nov. 12, 1996	Notice of change of address filed by Regina M. Gilgun, Douglas I. Louison by Edward Hayes, North Reading, Laura Spinney . (lau) (Entered: 11/13/1996)	PACER
49	June 25, 1997	Opinion of the Court of Appeals re: [47-1] appeal , entered This could indeed constitute "intimidation" or "coercion" within the meaning of the statue. The judgment of the court below is affirmed with respect to the Town of North Reading, and reversed with respect to the individual defendants.. (fmr) (Entered: 06/27/1997)	PACER
50	July 2, 1997	Judge George A. O'Toole Jr. . Order entered, set Jury trial for 9:00 9/8/97 , set pretrial conference for 2:30 9/4/97 . Entered cc/cl (lau) (Entered: 07/02/1997)	PACER
51	July 17, 1997	Mandate of US Court of Appeals re: [47-1] appeal reversing Upon consideration whereof, it is now here ordered,adjudged and decreed as follows: The district court's judgment with respect to the Town of North Reading is affirmed, but with respect to the individual defendants,it is reversed. . (fmr) (Entered: 07/18/1997)	PACER
	July 17, 1997	Record on appeal returned from U.S. Court of Appeals, re: . (fmr) (Entered: 07/18/1997)	PACER
52	Aug. 4, 1997	Judge George A. O'Toole Jr. . Order entered, set pretrial conference for 2:30 9/4/97 . Entered cc/cl (lau) (Entered: 08/04/1997)	PACER
53	Aug. 27, 1997	Pretrial memorandum by Kelly J. Swain, Edward Hayes, North Reading, Laura Spinney , filed. (lau) (Entered: 08/27/1997)	PACER
54	Sept. 4, 1997	Judge George A. O'Toole Jr. . Clerk's Notes: re: pretrial conference; Defendant's file motions in limine; motion in limine re; financial losses-there are none; motion exclude criminal complaint-parties will resolve possibly via stipulation, the court would also give an instruction. Motion exclude evidence of 1985 rape, the court will allow the earlier records relating to the rape. Motion exclude expert testimony-plaintiff agrees not to ask opinion type questions. Oral motion of defendant to limit the scope of disciplinary issues to the Chief of Police-plaintiff will not raise it. (lau) (Entered: 09/05/1997)	PACER
55	Sept. 4, 1997	Motion by Edward Hayes, North Reading, Laura Spinney in limine to exclude expert testimony , filed. (lau) (Entered: 09/05/1997)	PACER
56	Sept. 4, 1997	Motion by Edward Hayes, North Reading, Laura Spinney in limine to exclude evidence of criminal disposition of plaintiff , filed. (lau) (Entered: 09/05/1997)	PACER
57	Sept. 4, 1997	Motion by Edward Hayes, North Reading, Laura Spinney in limine to exclude evidence of all financial losses suffered by the plaintiff , filed. (lau) (Entered: 09/05/1997)	PACER
59	Sept. 4, 1997	Defendant's Request for Jury instructions filed. (lau) (Entered: 09/05/1997)	PACER
60	Sept. 4, 1997	Motion by Edward Hayes, North Reading, Laura Spinney to sequester witnesses , filed. (lau) (Entered: 09/05/1997)	PACER
61	Sept. 4, 1997	Proposed voir dire questions by Edward Hayes, North Reading, Laura Spinney , filed. (lau) (Entered: 09/05/1997)	PACER
	Sept. 4, 1997	Pre-trial conference held . (lau) (Entered: 09/05/1997)	PACER
62	Sept. 5, 1997	Judge George A. O'Toole Jr. . Order entered re; defendants' motion for an Order granting access to the plaintiff's psychiatric records from 1985 to the present is hereby allowed. Entered cc/cl (lau) (Entered: 09/05/1997)	PACER
63	Sept. 8, 1997	Judge George A. O'Toole Jr.. Order of Dismissal entered...it is ORDERED that this action is hereby dismissed without costs and without prejudice to the right, upon good cuase shown within 30 days, to reopen the action if settlement is not consummated; issued cc/cl. (sat) (Entered: 09/08/1997)	PACER
	Sept. 8, 1997	Case closed. (sat) (Entered: 09/08/1997)	PACER
	Sept. 11, 1997	Terminated document: terminating [60-1] motion to sequester witnesses, terminating [58-1] motion in limine to exclude evidence of plaintiff's prior rape, terminating [57-1] motion in limine to exclude evidence of all financial losses suffered by the plaintiff, terminating [56-1] motion in limine to exclude evidence of criminal disposition of plaintiff, terminating [55-1] motion in limine to exclude expert testimony Requested by lau. (lau) (Entered: 09/11/1997)	PACER
64	Sept. 19, 1997	Stipulation of dismissal by Kelly J. Swain, Edward Hayes, Laura Spinney with prejudice, filed. (lau) (Entered: 09/19/1997)	PACER

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Case Details

State / Territory:

Massachusetts

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: April 13, 1995

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Female arrestee strip-searched after being questioned as to her involvement in her boyfriend's shoplifting charges. She was also believed to have had marijuana. All charges against her were eventually dropped.

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

Town of North Reading

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983