Judge’s ruling clears way for trial over policy affecting thousands of female detainees
By Delayna Earley
The Island News
A federal judge has ruled Beaufort County can be held legally responsible for a jail strip search policy that disproportionately affected female detainees, setting the stage for a trial that could expose the county to significant financial liability.
The ruling was first reported by The Post and Courier Beaufort County.
In a March 31 order, U.S. District Judge David Norton found the county may be liable under federal law because the policy in question was implemented by the jail’s director, who the court determined had final policy making authority over detention center operations.
The ruling follows a bench trial focused specifically on whether the county could be held liable under federal civil rights law.
The decision does not determine whether the strip searches themselves were unconstitutional. That question, along with any potential damages, will be decided at trial, which has not yet been scheduled.
The lawsuit, filed in 2020 and later certified as a class action, represents thousands of women who were held at the Beaufort County Detention Center between February 2015 and May 2020.
Policy at the center of the case
At issue is a 2015 policy requiring strip searches of all female detainees during the booking process, regardless of whether there was reasonable suspicion they were concealing contraband.
Court findings show that male detainees were not subject to the same blanket requirement. Instead, men were strip searched only under certain conditions, such as after classification or when there was reasonable suspicion.
Because of how the jail housed female detainees, the policy effectively meant all women entering the facility were strip searched.
County estimates show more than 5,000 strip searches were conducted under the policy during that time.
Testimony in the case indicated the policy was intended to prevent contraband from being passed between detainees, particularly given how female inmates were housed within the facility.
The lawsuit argues that disparity violates the Equal Protection Clause of the 14th Amendment.
Why the county can be held liable
A central issue in the case has been whether Beaufort County itself can be held responsible for the policy, or whether liability rests solely with individuals who implemented it.
Norton’s ruling hinges on that question.
The court found that former detention center director Col. Quandara Grant had the authority to create and implement policies without meaningful oversight from County Council or the county administrator.
Evidence presented during the bench trial showed the county did not review, approve or revise jail policies, even when aware of them.
Under federal law, that level of authority makes the director a “final policymaker,” meaning her decisions can be attributed to the county itself.
As a result, the court concluded the strip search policy could be considered a county action, allowing the case to proceed against Beaufort County.
Facility limitations and context
Court findings also pointed to longstanding space limitations at the detention center, including the inability to separately house female detainees by classification.
Those issues were identified in multiple studies and inspections over the years, which found the facility lacked adequate space to properly separate inmate populations.
What the ruling means
The decision does not determine whether the strip search policy was unconstitutional, but it does allow the case to move forward toward trial.
It also means Beaufort County can be held financially responsible if the plaintiffs prevail, raising the stakes as the case advances.
What comes next
The next phase of the case will determine whether the strip search policy violated the constitutional rights of the women included in the class.
If the court finds the policy unconstitutional, a separate determination will be made on damages, including how much Beaufort County may be required to pay.
A trial date has not yet been set.
Beaufort County Public Information Officer Hannah Nichols did not immediately respond to requests for comment made by phone and text message.
Delayna Earley, who joined The Island News in 2022, formerly worked as a photojournalist for The Island Packet/The Beaufort Gazette, as well as newspapers in Indiana and Virginia. She can be reached at delayna.theislandnews@gmail.com.