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Unreasonable Search Claim Survives Summary Judgment
Former New Hampshire state prisoner Shelia Elliott filed a Federal civil
rights complaint alleging that a strip search conducted by a private
transport company (Transcor) employee under contract with New Hampshire was
unreasonable and violated her right to privacy under the First and
Fourteenth Amendments. Elliott was arrested in Tennessee on a New Hampshire
warrant, waiving extradition to New Hampshire, Elliott also complained of
her treatment upon arrival at the New Hampshire correctional facility.
Transcor defendants filed a motion for summary judgment, which was granted
in part and denied in part.
The Court held that one Transcor defendant was not entitled to summary
judgment, since she hadn't shown that she was entitled to qualified
immunity and there remained a factual issue "as to whether defendants
(Transcor) had reasonable suspicion justifying the search." The Court
further held that because Elliott did not differentiate among the various
defendants named in her complaint, all other counts were dismissed for lack
of personal jurisdiction. See: Elliott v. Strafford County, Civil No. 98
637 JD (D. New Hampshire January 25, 2001.)
rights complaint alleging that a strip search conducted by a private
transport company (Transcor) employee under contract with New Hampshire was
unreasonable and violated her right to privacy under the First and
Fourteenth Amendments. Elliott was arrested in Tennessee on a New Hampshire
warrant, waiving extradition to New Hampshire, Elliott also complained of
her treatment upon arrival at the New Hampshire correctional facility.
Transcor defendants filed a motion for summary judgment, which was granted
in part and denied in part.
The Court held that one Transcor defendant was not entitled to summary
judgment, since she hadn't shown that she was entitled to qualified
immunity and there remained a factual issue "as to whether defendants
(Transcor) had reasonable suspicion justifying the search." The Court
further held that because Elliott did not differentiate among the various
defendants named in her complaint, all other counts were dismissed for lack
of personal jurisdiction. See: Elliott v. Strafford County, Civil No. 98
637 JD (D. New Hampshire January 25, 2001.)
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Related legal case
Elliott v. Strafford County
| Year | 2001 |
|---|---|
| Cite | Civil No. 98 637 JD (D. New Hampshire January 25, |
| Level | District Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |