“Degrading and unnecessary” strip searches at Beaufort Co. jail lawsuit headed to trial
A lawsuit alleging the county’s detention center used “humiliating” strip searches only on female inmates will go to trial. After five years of back and forth, Beaufort County and the plaintiffs could not come to a resolution.
The Beaufort County Council declined a settlement and chose to proceed to a trial in the case involving Cheryl Munday and Margaret Devine, the two women who originally filed the lawsuit in March 2020. It was certified as a class action suit in July 2022.
The county council’s decision was announced following an executive session on Feb. 24. This decision could end up being much more costly for the county as the outcome of the jury’s verdict is unknown.
Since the parties did not reach a settlement, a trial will take place in U.S. Federal Court. The court will assign a trial date in the near future, according to the plaintiff’s attorney, Robert Metro of Bauer & Metro Law Firm in Bluffton and Hilton Head.
And while there are limits on how much money a person can get from the state, there are no limits when it applies to federal law claims related to the U.S. Constitution. That means the county could potentially have to pay millions if the plaintiffs win. Beaufort County would also be required to pay attorney’s fees.
The county rejected the plaintiff’s reduced settlement offer without explanation, said Metro.
“Beaufort County has a right to take this case to trial but, if it loses, the financial consequences could be much worse than the settlement that was proposed,” said Metro. “It’s a real gamble, to say the least.”
The county does not comment on pending litigation, according to spokesperson Hannah Nichols when asked about the county’s settlement rejection.
What are the allegations?
The suit alleges the women were forced to strip naked in front of guards upon their admission to the county’s detention center while men were exempt from similar treatment. They were subject to “full body pat downs.” The strip searches were “demeaning, outrageous, and intrusive,” according to the lawsuit.
Plaintiffs claim that the county violated the Equal Protection Clause of the Fourteenth Amendment. The suit specifically states that this is because women were routinely subjected to “degrading and unnecessary” strip and body cavity searches while men were not.
Since the lawsuit was certified as a class-action, the plaintiffs now represent all female detainees at BCDC who were strip searched between February 27, 2015 until May 5, 2020.
Thousands of women who were booked into the county’s detention center could be represented in this class, and could stand to receive compensation if a jury rules in the plaintiff’s favor.
In July 2023, between 5,000 and 6,000 women in Beaufort County were alerted that they could be part of a class-action lawsuit against the county. They had until mid-September of the same year to opt out. According to Metro, 5,000 women are currently represented in the class action.
