By ANDREA VanVALKENBURG
PLATTSBURGH — Clinton County has settled a jailhouse strip-search lawsuit for more than $1 million.
Though the county denies violating plaintiffs's rights during the routine searches, officials have agreed to dole out $1.15 million to the estimated 2,700 potential victims.
PROMPTED BY SEARCH
The class-action suit against County Sheriff David Favro, Undersheriff Jerry Maggy and Jail Administrator Maj. Michael Smith was filed in early 2006, about three years after Phyllis Mitchell was subjected to a search.
The former Ellenburg resident was accused of violating several agricultural laws and was brought to jail on misdemeanor charges.
When she was being processed into the facility, she underwent a detailed visual strip search before being released on bail the following day.
The lawsuit claimed the county had an illegal practice of searching everyone who was admitted into jail — even those being briefly held on violations, civil matters and misdemeanor charges — without probable cause.
"The policy of Clinton County and the Clinton County Sheriff's Department forcing those charged with minor crimes to undergo the indignities of a strip search ... is not only clearly illegal but degrading, insensitive and unnecessary," the lawsuit reads.
In the suit, Mitchell's attorney, Robert Keach, said people charged with minor crimes should not be subjected to strip searches unless there's reasonable cause to believe they're hiding something.
The lawsuit claimed the jail had a blanket search policy until late 2003, when Smith revised the rules, but that officers were not distributed the memo and continued the practice until 2007.
The court action initially sought a judgment of $3 million.
Recently, the county agreed to settle the suit but did not admit to the rights-violation allegations.
County officials have been advised not to publicly comment on the case and referred questions to their attorney, who did not return a Press-Republican message left in mid-May.
Mitchell could not be reached Wednesday for comment.
FUNDS FOR VICTIMS
This week, Keach said he was pleased with the settlement, the terms and divisions of which will be finalized during a September hearing in Albany.
"Certainly we're happy that the case is resolved and that we're going to put money in the pockets of class members."
He said the settlement involves two classes of victims: those facing misdemeanor or minor crimes who were searched between Feb. 28, 2003, and Oct. 24, 2003, and those searched from Oct. 24, 2003, until July 1, 2007, when the blanket-search policy was discontinued.
The Amsterdam-based attorney believes each victim will receive at least $1,000.
Keach said the settlement was a "significant result ... for rights violations."
E-mail Andrea VanValkenburg at: avanvalkenburg@pressrepublican.com
