State-Journal.com - Frankfort jail strip policy targets lawsuits

Franklin County Fiscal Court " at Jailer Billy Robert's request " has amended the jail's policy on "unclothed searches," also known as strip searches, as a means of avoiding lawsuits.

Roberts said the amended policy, contained in a manual for the Franklin County Regional Jail, complies with new Kentucky jail standards on searching inmates.

"The changed policy sets out precise procedural standards under which (inmates) are subjected to different degrees of searches," said County Attorney Rick Sparks after the meeting. "If you get booked and charged with concealed deadly weapons or contraband, you could be considered for a higher degree of search.

"The jail has always had a policy regarding strip searches but this gives a much greater range of standard and is less subjective to officers. It's a nice, objective check-list criteria for officers to follow."

In 2000, hundreds illegally strip-searched at the local jail over the previous four years won thousands of dollars as part of a $6 million settlement in a class-action lawsuit against Franklin County in U.S.
District Court.

More than 415 illegally strip-searched at Franklin County's jail got settlements ranging from $7,713 to $15,426. Those included people strip-searched at the jail after being brought in for minor offenses, such as driving on a suspended license.

In the work session Thursday, Roberts said, "Since I took office (in 2007), this was something I wanted to look into. But it was something I didn't want to rush into."

Judge-Executive Ted Collins said, "Billy and I have been talking about this for a year."

"Not only our county but other facilities have been in litigation with this," Roberts said. "It's something
that needs to be addressed."

When asked by Collins if "unclothed searches" is the politically correct language to use, Roberts said,

"That's what I'd rather say. You can go down to Florida and say strip search all you want to and it's not a big deal. We're in a different district and things have been ruled different in this area."

Roberts said when he went to a jail conference last year, "on this subject the U.S. litigator asked who the jailer was in Franklin County. I felt that kind of zoned us out there.

"That's what this boils down to. We've not been successful defending this from time to time. I feel like I need to take a stand for the jail and the county."

The illegal strip-search practice, resulting in the 2000 court settlement, began during the administration of former Jailer Hunter Hay, and continued during the administrations of former interim
Jailer George Wilson and former Jailer James Kemper Jr. before it was stopped by the lawsuit.

County officials initially argued the searches were part of a hygiene check to examine inmates for body lice, needle tracks and other health problems.

Women and children illegally strip-searched at the jail received double the settlement amount allotted to adult male prisoners as part of the settlement.

The case never went to trial, but went through court-ordered mediation to help resolve the issues.

In March 2005, three women filed a lawsuit against the Franklin County Regional Jail, claiming they were illegally strip-searched.

Roberts said Thursday he believes that case was settled for less than $50,000.

In other business, Fiscal Court:

>Gave the first reading of an ordinance rezoning 20.5 acres at 100 Old Georgetown Road from Rural
Residential to Agricultural. Andrea and Michael Mueller requested the zone change.

"Ultimately they want to have a landscaping nursery," said County Planning Director Robert Hewitt, whose staff report recommended the rezoning.

The Frankfort/Franklin County Planning Commission also voted unanimously to recommend the change.

>Appointed Patricia Crittenden to the Paul Sawyier Public Library Advisory Board. She is filling the
unexpired term of Nick Petit, who resigned. Her term will end June 30, 2010.

>Appointed Martha C. Booth to a four-year term on the Frankfort/Franklin County Board of Zoning Adjustments. She will replace Joyce Honaker, whose term ends June 30.

>Reappointed Bruce Lee to a four-year term on the Farmdale Sewer District Board.

>Reappointed David Papp to a three-year term as the Hotel/Motel Association's representative on the Frankfort/Franklin County Tourist and Convention Commission.

All four appointments were unanimously approved.

>Accepted a $26,620 check from County Clerk Guy Zeigler as the final payment of 2007 excess fees from his office.

>Voted to purchase for the county road department 1,000 tons of de-icing salt for $55,650 from North American Salt Co., the lowest bidder, for next winter.