Attorneys said Wednesday that they will appeal a judge's dismissal of a lawsuit filed on behalf of hundreds of women at the Women’s Huron Valley Correctional Facility who were filmed during strip searches by corrections officers wearing body cameras.
Washtenaw County Trial Court Judge Julia Owdziej ruled that because the women didn’t suffer physical injuries, they can’t sue under Michigan’s Prison Litigation Reform Act.
Flood Law attorneys said many of the women have a history of domestic and sexual violence victimization. They allege the strip searches resulted in panic attacks, trauma flashbacks, and insomnia, and that those harms are physical in nature.
The Michigan Department of Corrections changed its policy in late March this year. The policy requires body cameras worn by corrections officers to be in "sleep mode" during strip searches, in most cases.
In a statement, the MDOC said it agrees with the dismissal.
"The department remains committed to protecting the privacy and dignity of those under our supervision," the statement said.
"All standard unclothed searches of women, which are necessary for the safety and security of those working and living at WHV, are conducted by trained female officers. In addition, only qualified female staff are allowed to be assigned in areas where women may be in a state of undress," the statement continued. "Current department policy requires body worn cameras to be inactive during these searches at all facilities, unless a qualifying event occurs, such as the discovery of contraband."
Flood Law said the lawsuit is meritorious, and "it's unfortunate they have to exhaust the legal remedy of going to the court of appeals to have a second look."
