Suit over strip-search claim against Hanover police settles for $100G
A Randolph woman who sued the Hanover Township Police Department for civil rights violations after she allegedly was unlawfully strip-searched by a female police matron has settled her claims for $100,000, according to court records.
Settlement of the federal lawsuit, filed in U.S. District Court by an attorney for Stephanie Drouillard, was reached last month and first reported on a website maintained by Somerset resident John Paff, who monitors lawsuits as part of his role as chairman of the New Jersey Libertarian Party's Open Government Advocacy Project.
Attorney William G. Johnson, who handled the lawsuit for the Hanover Police Department, said that neither he nor Police Chief Stephen Gallagher could comment on the litigation.
According to state Attorney General Office guidelines, a strip search of an arrested person who is not being sent to jail may occur in nonemergency situations only if a search warrant has been obtained, or the person has consented and the officer in charge of the station house authorizes the search. The definition of strip-searches includes having a person keep on his or her undergarments.
Drouillard's lawsuit, filed by attorney Thomas J. Mallon, stated that Drouillard was arrested around noon on Aug. 23, 2014, by Sgt. Ryan Williams on an outstanding warrant for speeding. At headquarters, Drouillard was patted down, handcuffed and allowed to call a friend, who agreed to travel to the police department to post $250 bail for Drouillard, the lawsuit said. Mallon was not available for comment.
The complaint contended that Drouillard was warned by police that her friend "better hurry" or she would be brought to jail. While waiting to be bailed out at headquarters, a woman who was not in uniform but later was identified as police matron Rae Ann Wallace approached Drouillard and stated: "I'm here to babysit you. I'm here to make sure your rights are protected and his rights are protected."
After another half-hour of waiting, the lawsuit said, Williams said: "We haven't searched her yet. We should probably do that. We haven't done it yet." The matron then took Drouillard into a holding cell, but left its door open, and ordered her to take off her shirt and pants, the lawsuit said.
The friend showed up around 3 p.m., and Drouillard was released from headquarters.
Saying Drouillard was subjected to humiliation and degradation, the lawsuit charged violations of her constitutional rights against unreasonable searches and seizures, and supervisory liability by heads of the department.
The police department also has agreed to locate and destroy any videotapes of Drouillard at headquarters.
A portion of the settlement states: "this agreement and the settlement herein shall not be construed as an admission of any wrongdoing in any manner, and defendants expressly deny each and every allegation made by plaintiff, and this agreement is entered into for reasons other than the merits of the claims, and solely to avoid the time and expense of further litigation."
Staff Writer Peggy Wright: 973-267-1142; pwright@GannettNJ.com