Sloley v. VanBramer, No. 16-4213 (2d Cir. 2019)Annotate this Case
Plaintiff filed suit under 42 U.S.C. 1983, alleging that Defendants Eric and Bryan VanBramer violated his constitutional rights by, inter alia, subjecting him to a visual body cavity search incident to arrest. The district court granted summary judgment to defendants based on qualified immunity.
The Second Circuit vacated in part, holding that visual body cavity searches must be justified by specific, articulable facts supporting reasonable suspicion that an arrestee is secreting contraband inside the body cavity to be searched. In this case, because this requirement was established by sufficiently persuasive authority, it was "clearly established" for purposes of a qualified immunity defense by New York state police officers at the time Eric searched plaintiff. The court also held that disputed facts precluded a finding of reasonable suspicion on a motion for summary judgment, and remanded for trial on the merits of plaintiff's claim and the issue of whether Eric was entitled to qualified immunity. The court affirmed in part, holding that plaintiff failed to present evidence indicating that Bryan was aware that Eric was conducting, or was going to conduct, the visual body cavity search.