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PLEMMONS v. PIERCE COUNTY

No. 33072-5-II.

140 P.3d 601 (2006)

134 Wash.App. 449

Abra PLEMMONS, Respondent, v. PIERCE COUNTY, Kevin Benton, in his individual capacity; Paul Pastor, in his individual capacity and official capacity as Pierce County Sheriff; Eileen Bisson, in her individual and official capacity as Pierce County Corrections Chief; and D. McCall in her individual capacity, Appellants.

Court of Appeals of Washington, Division 2.

As Corrected October 31, 2006.

Attorney(s) appearing for the Case

Kenneth Douglas Orcutt, Assistant Attorney General of Washington, Olympia, WA, Gerald A. Horne, Prosecuting Attorney, and Patrick Russell Cooper, Tacoma, WA, for Petitioner.

Darrell L. Cochran, Gordon Thomas Honeywell, Tacoma, WA, Fred Diamondstone, Law Offices of Fred Diamondstone, Seattle, WA, for Respondent.

Robert Aloysius Hyde, Rafel Manville PLLC, Duncan Emerson Manville, Rafel Manville PLLC, Seattle, WA, for Amicua Curiae American Civil Liberties Union of Washington.

HUNT, J.

¶ 1 We granted discretionary review of a summary judgment ruling, in Abra Plemmons' federal constitutional1 and state statutory2 civil rights violations action, that the Pierce County Jail's post-arraignment, prebail strip search of Plemmons, a non-violent identity-theft victim, was unconstitutional. The County argues that its strip-search policy, authorized by RCW 10.79.120, is constitutional...

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