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Hart v. Miller4/19/2000
for options, she told Miller to take her to jail. Id. at 50. [T.P.]stated that Miller told her that if she did not want to go to jail he would have to search her again to make sure that she did not have anymore drugs on her, and that he would have to search her bra. Id. at 51-52
[T.P.] claims that Miller asked her to remove her blouse which she did. Id. at 52. [T.P.] first took off her coat and left that sitting behind her. Id. [T.P.] then unbuttoned her blouse and slipped it off behind her with her coat. Id. at 53. [T.P.] states that she unbuttoned the bra and removed it from her shoulders. Id. at 54. [T.P.] removed the bra so that it was in her hands and her arms were covering her chest. Id. [T.P.] stated that the bra was off for a few seconds before she put it back on. Id. [T.P.] claims that she did not question the search procedure and thought that this was the way they searched a person. Id. at 52.
[T.P.] also claims that while she was putting the bra back on, Miller commented that she had a nice chest and asked if she would mind if he touched it. Id. at 53. [T.P.] replied, "Yes I mind." Id. at 54. [T.P.] stated that Miller never touched the bra during the search. Id. at 55. () (emphasis added).
After discovery, the State settled this suit out of court. The terms of the settlement are unknown. Patrol Superintendent Abdallah testified that based on the settlement of this case, he asked for and received Miller's resignation as a Highway Patrolman.
[ ] Hart's basis for imposing liability under § 1983 is premised upon the manner in which Miller allegedly approached her at her apartment during his investigation. According to Hart, Miller looked at her provocatively, and she inferred from Miller's actions he wanted sex from her. Although it is undisputed Miller did not physically touch Hart, and she consented to Miller's entry into her apartment, Miller was quoted by Hart as offering her a trade-off of dismissal of the complaint for sex when he stated, "what are we going to do about it?"
[ ] At this stage of the proceeding, under summary judgment principles we are required to accept as true the testimony of Hart, K.K., T.G., B.S. and A.J. as well as the testimony of T.P.
[ ] The first prong of the Horne test is whether the conduct of the defendant violated a "clearly established constitutional or statutory right." 565 NW2d at 53. Although not a model of clarity, it appears that Hart claims she was denied the constitutional right of equal protection of the law by being discriminated against upon the basis of her sex.
[ ] Soliciting sex in exchange for not making an arrest has been found to be a violation of equal protection. Anita v. Thurman, 914 FSupp 256 (ND Ill 1996). In Anita, a complaint survived a motion to dismiss where it was alleged a law enforcement officer pulled the plaintiff over and detained her for over an hour simply because she was a Hispanic female. Id. at 257. During the stop, she was forced to sit in the patrol car, leaving a four-month-old baby alone in her car. The officer played music on the radio of his patrol car, asked her personal questions, commented on her appearance, and threatened to follow her home and force her to cook for him. The officer also threatened to take her into custody when she expressed concern for leaving her baby alone. During the stop, the officer attempted to force the plaintiff to pick the traffic citation up from his lap, and made a derogatory comment about "Puerto Rican girls" when she refused. Finally, the officer wrote a personal note to the plaintiff's husband on the back of the citation, telling him his wife was beautiful.
[ ] Hart also claims she has a consti
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