Lawsuit alleges officers unlawfully searched female

Sheriff’s Office deputies and correction officer named in court filing

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A Sparta woman has filed a lawsuit against White County and three individuals in their capacity as employees with White County Sheriff’s Office that alleges unlawful search and seizure.

The lawsuit was officially filed Oct. 13, 2020, by attorney Richard M. Brooks, on behalf of his client, Tosha N. Henry.

According to official documentation, the cause of action is brought by Henry against the defendants White County, Brandon Young, Dallas Slatton, and Marissa Songer pursuant to 42 U.S.C. § 1983 for deprivation of civil rights secured by the Fourth and Fourteenth Amendments to the United States Constitution and other claims which arise under color of state law.

Young are Slatton are identified as deputy sheriffs, and Songer is identified as a correction officer, all employed by White County Sheriff’s Office.

The lawsuit alleges that White County, Tennessee, (defendant)has employed and maintained an unlawful policy, practice, and/or custom of strip searching citizens without probable cause or exigent circumstances during investigatory Terry stops (A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity. Reasonable suspicion is a lower standard than probable cause which is needed for arrest and other non-custodial encounters.)

 According to the lawsuit, defendants Young and Slatton allegedly prolonged a traffic stop longer than reasonably necessary to initiate the unlawful search of Henry’s vehicle and unlawful strip search of Henry. Songer allegedly performed an unlawful, invasive, and humiliating strip search of plaintiff on the side of a public road in plain view to anyone on the roadway and nearby motel without probable cause or exigent circumstances.

The lawsuit states that around 10 p.m., on Oct. 19, 2019, Henry and a female friend were traveling together in a Nissan Maxima owned by Henry. The friend was in the passenger’s seat.

As the women crossed Highway 111, on Fred Hill Road, they noticed officers from the White County Sheriff’s Office were conducting a stop of another vehicle. Henry continued driving on Fred Hill Road.

According to the lawsuit, as Henry approached a stop sign at the intersection of Fred Hill Road and Doyle Highway, a sheriff’s vehicle with flashing lights came speeding up behind her.

Henry pulled her vehicle over in front of the Budget Inn, located on the corner of Fred Hill Road and Doyle Highway. The area was in plain view of anyone at the Budget Inn on one side, and in plain view of Doyle Highway and Fred Hill Road on the other side.

The lawsuit states Young initiated the traffic stop, supposedly due to a faulty license plate light.

Shortly after Young approached the driver’s side of Henry’s vehicle, Slatton arrived and approached the passenger side of the vehicle.

Young asked for Henry’s identification. Upon recognizing her, he leaned down in the car, recognized the passenger, and asked for the passenger’s identification.

According to the lawsuit, Young asked where the women were going. Henry responded that she had just dropped off her children at their father’s house, and she was on her way to drop off her friend at her house.

Young allegedly asked if there was anything illegal in the vehicle. Henry responded, “No.”

Young asked Henry if she was on probation and if she had just gotten out jail. Young also asked the friend if she was on probation.

Young allegedly told Henry that if she consented to a quick search of her vehicle, he would give them a warning ticket and let them go.

Henry, who was on parole at the time and fearing that she could get in trouble with her parole officer for the traffic stop, agreed to the search in order to get a warning.

According to the lawsuit, neither Young nor Slatton had any “articulable” reasonable suspicion to conduct a search of the vehicle.

Young ordered Henry and Oakes out of the vehicle, and Slatton began searching the vehicle.

The lawsuit states that Young took Henry and her friend to the front of his patrol car where he ordered the women to empty their pockets. According to the lawsuit, no weapons, no drugs, nor anything illegal were found on either woman.

Young returned to his patrol vehicle and ran the identifications of both women. Five minutes into the traffic stop, the warrant check came back clear for both Henry and her friend.

Young wrote out and signed the warning ticket for the plate light.

Seven minutes into the traffic stop, Henry signed the warning ticket, and Young gave her the warning ticket.

Young would not allow Henry nor her passenger to leave after the warning ticket was issued.

The women were not under arrest but were in custody.

According to the lawsuit, Slatton continued to “slowly,” with “sloth-like speed,” search the vehicle, purposefully drawing out the search longer than necessary.

The only thing allegedly found in the vehicle were brand new, never- used baggies that were located inside the passenger’s purse.

The lawsuit states the baggies were not pulled out of the vehicle and were never shown Henry nor her passenger. The baggies were not seen on body cam nor dash cam video.

Young allegedly asked Henry and the passenger again if they had anything illegal on them to which they replied, “No.”

According to the lawsuit, instead of letting Henry and the passenger go with the already-issued warning ticket or investigating the brand new, unused baggies further and without any evidence of wrongdoing, reasonable suspicion, probable cause, or exigent circumstances, Young ordered White County Deputy Brandon Farris to bring a female correction officer to the scene.

The lawsuit states neither Henry nor the passenger heard the order for the female officer.

While waiting on the female officer to arrive, Young allegedly went over to Slatton, who was still slowly searching the vehicle, and said, “Take your time, take your time, take your time!”

The lawsuit states that Young wanted Slatton to purposefully drag out the search of the vehicle in order to prolong the traffic stop until the female officer, Songer, arrived.

When Songer arrived, Young told Henry to go back to Songer to be patted down.

Neither Henry nor her passenger were told they were going to be strip searched and made to squat and cough on the side of the road.

At this time, there were four White County Sheriff’s vehicles on the scene, four male deputies (Young, Slatton, Farris, and another unknown male deputy), and Songer.

According to the lawsuit, Henry was taken to the passenger side of a White County Sheriff’s vehicle parked behind Young’s patrol vehicle.

The passenger side of that vehicle was facing Fred Hill Road, in plain view of anyone driving down Fred Hill Road or anyone looking down Fred Hill Road while driving down Doyle Highway. The Budget Inn was on the other side of the vehicle.  Male officers were standing in front of the vehicle on either side.

The lawsuit states Songer ordered Henry to take off her hooded sweatshirt, t-shirt, and bra.

The lawsuit states that Henry, who was only expecting a pat down, was completely shocked at the request, and she asked, “All the way off?” to which Songer confirmed, all the way off.

Songer then ordered Henry to pull down her pants and underwear all the way down to her ankles, squat, and cough. Songer, with a flashlight in hand, viewed the exposed areas of Henry’s genital and anal region.

According to the lawsuit, during the strip search of Henry, Young sent the unknown male deputy back to where the search was occurring to check on Songer and Henry. The lawsuit states that Songer found nothing during the intrusive strip search of Henry.

The lawsuit states Henry was “embarrassed, humiliated, and dehumanized.”

All of this was done alongside a public road with a motel on the other side of the vehicle and male officers standing around. At least three vehicles drove by while Henry was being strip searched.

The same procedure of a strip search was initiated on the female passenger.

The lawsuit states that no warrant was obtained for the strip searches.

The lawsuit alleges that none of the searches were justified by either reasonable suspicion, probable cause, nor exigent circumstances.

Neither Henry nor the passenger were under arrest during the invasive strip searches.

The lawsuit states that this is not the only incident of the defendants conducting strip searches on the side of public roads in White County.

On Oct. 10, 2019, nine days earlier, Young pulled over a car driven by a female. Young ordered a female officer to the scene. Songer was brought to the scene where she made the female disrobe, squat, and cough on the side of the road. Nothing was found during the strip search. The female who was stopped was issued a citation for items found during the search of the vehicle.

According to the lawsuit, there may be other instances that are unknown at this time.

The counts listed in the lawsuit include unlawful search and seizure alleged against all the defendants and intentional infliction and emotional distress against all the defendants.

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