Case 1:12-cv CWD Document 1 Filed 03/26/12 Page 1 of 6

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1 Case 1:12-cv CWD Document 1 Filed 03/26/12 Page 1 of 6 Curtis D. McKenzie, ISB 5591 cdm@mckenzielawoffices.com MCKENZIE LAW OFFICES, PLLC 412 W. Franklin Street Boise, Idaho (208) (office) (208) (facsimile) Attorney for Frank Lee Gorrell, Timothy Harvell, and Jonathan Guidi. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO FRANK LEE GORRELL, TIMOTHY EUGENE HARVELL and JONATHAN GUIDI, Plaintiffs, Case No. COMPLAINT AND DEMAND FOR JURY TRIAL v. TWIN FALLS COUNTY SHERIFF S OFFICE, VIRGIL ADAMS, STACEY TERRY, JODY JESKE, PRYDE, JERRY STOKESBERRY, ALLEN ALVEY, JAKE BENSON, TOM CARTER, DOUGLAS HUGHES, and DOES I-X, Defendants. I. PRELIMINARY STATEMENT 1. This is a civil rights action brought under 42 U.S.C arising out of the group strip search, sexual harassment, assault, and battery inflicted on Frank Lee Gorrell, Timothy Eugene Harvell, and Jonathan Guidi (collectively, Plaintiffs) by Twin Falls County deputies while Plaintiffs were incarcerated at the Twin Falls County Adult Detention Facility. COMPLAINT AND DEMAND FOR JURY TRIAL - 1

2 Case 1:12-cv CWD Document 1 Filed 03/26/12 Page 2 of 6 II. JURISDICTION AND VENUE 2. This Court has jurisdiction over the subject matter of this Complaint under 42 U.S.C and 28 U.S.C and This Court has venue over this matter pursuant to 28 U.S.C III. PARTIES Plaintiff12 4. Vi Frank Gorrell is an individual residing in Ada County, Idaho. 5. Plaintiff Timothy Harvell is an individual residing in Ada County, Idaho. 6. Plaintiff Jonathan Guidi is an individual residing in Ada County, Idaho. 7. Defendant Virgil Adams is an individual who, upon information and belief, resides 8. Defendant Stacey Terry is an individual who, upon information and belief, resides 9. Defendant Jody Jeske is an individual who, upon information and belief, resides 10. Defendant Pryde is an individual who, upon information and belief, resides in Twin Falls County, Idaho. 11. Defendant Jerry Stokesberry is an individual who, upon information and belief, resides 12. Defendant Allen Alvey is an individual who, upon information, and belief, resides 13. Defendant Jake Benson is an individual who, upon information and belief, resides COMPLAINT AND DEMAND FOR JURY TRIAL - 2

3 Case 1:12-cv CWD Document 1 Filed 03/26/12 Page 3 of Defendant, Tom Carter, is an individual who, upon information and belief, resides 15. Defendant, Douglas Hughes, is an individual who, upon information and belief, resides 16. Defendant Twin Falls County Sheriff s Office is a county in the state of Idaho. 17. Defendants Does I-X are deputies who participated in the sexual harassment, group humiliation, assault, and battery on Plaintiffs. IV. FACTUAL ALLEGATIONS 18. In January 2011, Plaintiffs were three of eleven men housed in the 100 block of the Twin Falls County Adult Detention facility (the Facility ). 19. At approximately 2:00 p.m. on January 11, 2011, Facility staff instructed all men of 100 block to go to recreation while staff conducted cell searches. 20. All inmates were patted down before being escorted into recreation. 21. After about an hour, staff brought the men from recreation to the 1000 block and informed the men that they would conduct a group strip search. 22. All eleven men were crammed into a corner and forced to strip naked and line up in such a small space that they were touching. 23. The instructions were to get naked, strip, and do the dance. 24. The men were then forced to turn around, squat, bend over, spread their buttocks and cough. 25. In this lineup, men were lined up in front of other inmates and forced to bend over in a manner causing one man s buttocks to be in close proximity, directly in front of, another man s genitals. COMPLAINT AND DEMAND FOR JURY TRIAL - 3

4 Case 1:12-cv CWD Document 1 Filed 03/26/12 Page 4 of The men were then forced to turn around and bend over, causing their faces to be directly in front of the other men s genitals. 27. When the men complained about the conditions of the strip search, Defendant Adams, who was a sergeant at the time, told the men words to the effect of, you don t have any rights because you are in my jail. 28. The men were threatened that they would be punished if they failed to comply. 29. The men were in fear that they would be retaliated against if they did not comply. 30. The men were in fear for their safety. 31. Intimidation, bullying, and coercion was used to threaten the men into compliance. 32. The men felt filthy and humiliated. 33. After the strip search, the men were taken back to block 100. The men of block 100 were lined up against the wall and they were searched again. 34. This search was done forcefully and the men were aggressively grabbed in their genital area. 35. When the men inquired into why they were being searched a second time, Defendant Terry, also a sergeant at the time, stated words to the effect of, this is my jail. 36. Defendant Terry then said that the cell block was going into lockdown immediately after that announcement. 37. Plaintiffs were then thrown into their cells. 38. Upon information and belief, Defendants Adams, Terry, Jeske, Pryde, Stokesberry, Alvey, Benson, Hughes, and Does I-X participated in sexual harassment, assault, and battery on Plaintiffs. COMPLAINT AND DEMAND FOR JURY TRIAL - 4

5 Case 1:12-cv CWD Document 1 Filed 03/26/12 Page 5 of At all times relevant to the complaint, each of the defendants was acting under color of state law. 40. At all times relevant to the complaint, the Twin Falls County Sheriff s Office had in place a policy or custom which was the moving force behind the sexual harassment, assault and battery on Plaintiffs at the Facility, of which amounted to deliberate indifference of Plaintiffs constitutional rights. 41. Defendant Tom Carter was responsible for putting in place the customs or policies that were the driving force behind the sexual harassment, assault, and battery on Plaintiffs. 42. Plaintiffs have exhausted their administrative remedies. V. CLAIM FOR RELIEF 43. Plaintiffs repeat and re-allege each of the allegations set forth in the preceding paragraphs as if set forth in full herein. 44. The Defendants used excessive force on Plaintiffs, sexually harassed them, and displayed deliberate indifference to their condition, in violation of their right to be free from cruel and unusual punishment under the Eighth and Fourteenth Amendments to the United States Constitution. 45. The force and sexual harassment was not applied in a good faith effort to maintain or restore discipline, but in a malicious or sadistic manner for the purpose of causing harm, and in a manner that would shock the conscience. 46. Plaintiffs did not initiate the aggression and did not escalate the confrontation or assault the deputies either before or after the incident. 47. At all times relevant to the Complaint, the conduct of all Defendants was intentional, willful, and reckless with respect to Plaintiffs rights under federal law. COMPLAINT AND DEMAND FOR JURY TRIAL - 5

6 Case 1:12-cv CWD Document 1 Filed 03/26/12 Page 6 of Defendants deliberate indifference proximately caused damages to Plaintiffs including, but not limited to: injury, pain, sexual humiliation, and emotional and mental distress. VI. JURY TRIAL DEMANDED 49. Pursuant to Federal Rule of Civil Procedure 38, Plaintiffs demand a jury trial on all the issues so triable. VII. REQUESTED RELIEF Wherefore, plaintiffs respectfully request: A. Compensatory damages, including, but not limited to, actual losses, pain and suffering, and mental anguish and humiliation; B. Reasonable attorneys fees and costs; as provided under 42 U.S.C. 1988, and other applicable statutes; C. Such other and further relief as may appear just and appropriate. DATED this 26th day of March MCKENZIE LAW OFFICES, PLLC /s/ Curtis D. McKenzie Attorney for Frank Gorrell, Timothy Harvell, and Jonathan Guidi COMPLAINT AND DEMAND FOR JURY TRIAL - 6

7 Case 1:12-cv CWD Document 1-1 Filed 03/26/12 Page 1 of 1