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Attorney Sees Civil Rights Violation in Strip Search

In addition to calling public attention to the strip search of Hal McAllister, SEA is cooperating with a private attorney who is taking the case to court.

Attorney Chuck Douglas announces during the press conference that he will file a lawsuit on behalf of Hal McAllister.

During the Sept. 28 press conference, Douglas addressed both the emotional and legal issues involved in a strip search.

"There is nothing more humiliating than to be told, if you like your job you should strip, bend over and submit to a visual cavity search. We do not live in a third world dictatorship where such conduct is routine."

Whether the strip search, conducted by a state police officer, is considered to be part of an administrative or criminal investigation - or both - remains unclear.

After the search, McAllister received notice that he was under administrative investigation. Management has also described the investigation as a State Police matter. Other than giving him formal notice of the administrative investigation, nobody from DOC management or the State Police has contacted him about the investigation.

Douglas said the courts have drawn clear lines about searches that are so intrusive.

"When you get over that line, you get a search warrant. You need probable cause. You must move from suspicion to the need to go to court to have an impartial judge say, 'yes, you can strip this person and examine their anal cavity.'"

Douglas disputed the idea that the McAllister's strip search could be considered voluntary.

"He was not free to leave his office. He was told, if you like your job you will let me do this. And if you run I will chase you, meaning if you leave the room I'm going to be following you. Tell me where that is voluntary."

Watch this Web site for any new developments with the lawsuit. In the meantime, SEA members at the DOC will continue to stand up for respect and dignity in the workplace. Without it, continuing to serve the public remains a huge challenge.

Related stories:

SEA Members Call for Dignity and Respect
SEA Member Learns Important Lesson in Solidarity
Lack of Respect for DOC Workers Hurts Public Safety

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