Good news, parents: If you let your kids wait in the car for less than 10 minutes on a cool day—doors locked and fan on—a caseworker and sheriff are actually not allowed to come to your home, threaten to take your children away, and strip search the kids.
These very basic rights were just vindicated the hard way: by a Kentucky mom in federal court. Holly Curry sued the cop and the caseworker, insisting that the day she was investigated for child abuse, the two authorities so overstepped their bounds that they should not be afforded qualified immunity. In other words, their behavior was so egregious, they had to take responsibility for it. The judge agreed.
Curry had had enough. She turned around and filed suit against the caseworker and cop, claiming violation of her constitutional rights.
They, in turn, pressed hard for immunity. But in in a powerful ruling on August 19 in Curry v. Kentucky Cabinet for Health and Human Services, Judge Justin Walker said that it was clear the government used an improper threat to enter the home, lacked any evidence that might have justified a strip search, and violated the children's rights to bodily integrity.
the authorities in Kentucky, who have been defending the warrantless entry and strip ever since the Curry's filed their lawsuit in 2018.
Act One: An "attentive and loving" mother gets muffins for her children. Act Two: There's a knock on her door and a threat by the government to take away her children. Act Three: Her children are strip searched without cause. America's founding generation may never have imagined a Cabinet for Health and Family Services. But they knew their fair share of unwelcome constables. And they added a Fourth Amendment to our Constitution to protect against this three-act tragedy.
The investigator insisted on taking the youngest child from Curry's lap and, without permission, began to undress her. In the presence of the male deputy, the investigator proceeded to undress each child, male and female, down to the genitals (removing the diapers of the two youngest). Curry tried to object, but she knew she was powerless to stop the investigator from doing full-body inspections.
The last to be undressed was her 4-year-old son, taught by his pediatrician that he should never let a stranger take his clothes off without his mom's okay. But when the boy tried to make eye contact with Curry, the investigator stood directly in his line of sight, leaving him helpless. Then the investigator pointed to the deputy and said, "Show that cop your muscles!" The little boy removed his shirt and flexed his biceps as ordered. The investigator and deputy began laughing while the investigator started to pull down his pants. When the little boy finally was able to look back at his mother, she was holding back tears. The little boy's face registered shame and fear.
No Qualified Immunity for Kentucky Cops Who Strip-Searched a 4-Year-Old and Threatened Mom
Judge: "America's founding generation... knew their fair share of unwelcome constables."
reason.com
The decision by the Judge
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