Police, The Fourth Amendment, Qualified Immunity

“That is my butt you are sticking your finger in.”

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Case: Maroney v. SLAISE, Dist. Court, ND Ohio 2015


When asked by Slaise as to why he had pulled her over, Maroney indicated it was due to a short in her headlight which caused her headlights to go out when she crossed the railroad tracks. Slaise then asked Maroney how much she had to drink and she reported having consumed two beers.

Maroney observed additional deputies arrive on the scene, Officers William Joseph and Daniel Howard. Slaise then asked Maroney to exit the car and directed her to the sidewalk. Maroney was asked and consented to taking a sobriety test.

Slaise administered the HGN (horizontal gaze nystagmus) test and one of the other officers administered a handheld breathalyzer test.

Maroney was asked to perform the walk and turn test. She attempted the test but after 2 or 3 steps she stopped indicating she could not do it.

Slaise then proceeded to handcuff Maroney’s hands behind her back. It was during the handcuffing that Slaise inserted one of his fingers into Maroney’s rectum, through her clothing.

Maroney then stated, “that is my butt you are sticking your finger in.” This statement was heard by Officers Joseph and Howard.

Maroney was then transported to the Lima Police Department in Slaise’s car. During that ride, she complained to Slaise about his actions. Upon arriving at the Lima Police Department, Maroney again complained about Slaise’s actions.

At the station, Maroney was administered a breathalyzer test and tested under the legal limit. She was then transported to her home by Officer Howard and repeated her statement regarding Slaise’s actions and the physical intrusion.

On July 11, 2014, Maroney instituted this action against Officers Slaise, Joseph, and Howard . . .

ON EDIT: The titular quote of this blog post reminds me of a dirty joke we used to tell back in junior high back in the early 80s, which imperatives of good taste prevent me from repeating here.

Written by Burgers Allday

March 22, 2015 at 7:57 am

Posted in Uncategorized

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