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Hart v. Miller4/19/2000
his patrol car. K.K. then testified:
Trooper Miller advised me that I would be taken to jail and finger printed. He then asked whether there was anything else we could do to avoid the situation. At that time I began to cry and became very afraid. Trooper Miller made me stand against the car and proceeded to feel up both of my legs to my crotch area. He then rubbed his hand between my breasts. He then rubbed his hand beneath my breasts making physical contact by lifting them . . . I was dressed in a top which would make it obvious that there could not have been anything hidden in my breast area. (emphasis added).
[ ] T.G. testified by affidavit that when she was a junior in high school in 1993 she was stopped on at least two occasions by Miller. She further testified:
On one occasion I was with two girlfriends when Trooper Miller stopped me on Highway 50 near the South Dakota State Hospital and gave me a speeding ticket. At that time I advised Trooper Miller that my father would be upset about my having received so many tickets. Trooper Miller responded by stating he had a spare bed at his house. Thereafter Trooper Miller followed me on approximately twelve occasions. When he saw me in a vehicle he would turn around and follow me up and down the street.
[ ] B.S. testified by affidavit that in 1992 Miller stopped her for speeding. B.S. further testified:
Trooper Miller was conversing with me in a manner which caused me to be very uncomfortable. Trooper Miller continued to stare at my body while asking me questions in his vehicle and at one point asked me to turn toward him.
While behind my vehicle, Trooper Miller made implications to the effect that he would void the speeding ticket and let me go in exchange for sexual relations with him. I advised Trooper Miller that I was not going to do that and I left.
[ ] A.J. testified that Miller stopped her in September of 1993. She claimed he told her she was being stopped because she had out-of-state license plates. Upon questioning by Miller she informed him she was living alone as her husband was serving in the military in Panama. She further testified:
Trooper Miller was conversing with me in an uncomfortable and flirtatious manner. Trooper Miller continued to stare at my body while asking me questions. At that point Trooper Miller was very talkative and appeared to be making conversation in an attempt to prolong the traffic stop even though I had done nothing wrong and my license check indicated no warrants or restrictions. Trooper Miller continued making conversation with me until such time that I advised him that I was coming from work in Yankton where I was employed as a secretary with a local law firm. As soon as I informed him that I was an employee of a law firm his manner changed and he became more professional in demeanor, abruptly terminated the traffic stop and allowed me to go.
[ ] There is also the complaint of T.P. that resulted in a separate legal action against Miller and his superiors. [T.P.] v. Miller, et. al., Yankton Co. Civ. 94-299. Miller stopped her in 1993 and a bag of marijuana was found in the car in which she was riding. In denying Miller's motion for summary judgment on claims of intentional infliction of emotional distress and false imprisonment, the [T.P.] trial court summarized T.P.'s deposition testimony as follows:
[T.P.] claims that Miller said that he did not want to take her to jail and that he should give her some option so that the situation could be corrected. Id. at 49. [T.P.] asserts that she believed that the options which Miller was referring to meant sex. Id. [T.P.] also asserts that when asked
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