It started off with a traffic stop that led to the arrest of Kevin Campbell for driving with a suspended license.
But once inside a jail cell, Allen Park police officer Daniel Mack informed Campbell that he would need to probe his anus with his fingers to search for drugs, informing him that “we’re getting down to the nitty gritty,” ordering him to drop his pants.
Campbell protested but Mack overruled him, saying he had every right to probe his anus and proceeded to do so. The incident was captured on video.
“You’re in a holding facility. You’re in jail. You get naked in jail. Let’s go! Drop your drawers,” Mack said.
The incident took place on June 7, 2016 and led to a lawsuit against Mack with the officer then trying to claim qualified immunity, which is the legal phrase that allows cops to get away with breaking the law by simply claiming they were ignorant of the law.
On Tuesday, the United States Court of Appeals for the Sixth Circuit denied him qualified immunity, meaning he will have a little less Blue Privilege as the lawsuit moves forward.
This is how the court explained it in its 25-page decision, which you can read here:
Because a reasonable jury could find that Mack tightened Campbell’s handcuffs to the point of injury, subjected him to strip and/or body cavity searches, and conducted these searches in an overly aggressive manner in retaliation for Campbell’s protected conduct, and because Campbell’s First Amendment rights were clearly established, Mack is not entitled to qualified immunity on Campbell’s First Amendment retaliation claim.
For the reasons stated above, we affirm the district court’s denial of Mack’s motion for summary judgment based on qualified immunity.
The judicial decision must have come as a shock to the cop who bragged to Campbell that he had forcing inmates to get naked throughout his 22 year career.
Mack again ordered Campbell to remove his underwear. Campbell replied, “I’m a man like you, man,” and asked Mack why he would lie to him by falsely stating that he needed to remove his pants. (Id. at 7:57:33–:41.) Mack raised his voice and exclaimed, “I ain’t lying to you. I’ve been doing this job for 22 years. I don’t need to lie [to] you, man. You’re a small fish in the sea. . . . Drop ‘em. Your pants are unzipped. There ain’t no reason for your pants to be unzipped. We’re going to do this one way or another.”
Another officer entered the doorway of the booking area. Mack entered the cage, ordered Campbell to put his hands against the wall and spread his feet, and pulled down Campbell’s pants. Mack then turned Campbell around to face him, pulled down the front of Campbell’s underwear, bent down, and examined Campbell’s genitals. Campbell became agitated and repeatedly complained, “Nah, you can’t do that, man,” to which Mack replied, “Yes I can, Yes I can.” (Id. at 7:58:43–:49.) Mack then turned Campbell back around to face the cage and felt Campbell’s buttocks through his underwear. Campbell continued to protest, repeating “You can’t do that.” (Id. at 7:58:55.) Mack pulled up Campbell’s pants and responded, “the dog indicated,” to which Campbell replied, “the dog didn’t indicate anything.” (Id. at 7:58:52–:56.)
Mack, still standing behind Campbell, then pulled down Campbell’s pants and underwear again, bent down, and visually examined Campbell’s buttocks. Mack then stated, “You’ve got it f***ing tucked in your f***ing ass crack, that’s where you got it.” (Id. at 7:59:01–:03.) Mack pulled up Campbell’s pants, searched Campbell’s pant legs and ankle area, and, finding no contraband, stood up and told the second officer, “He’s got it tucked in his f***ing ass crack.” (Id. at 7:59:12–:15.) Campbell replied, “I ain’t got nothing tucked.”
A third officer came to the door of the booking area. Mack announced to the officer, “He’s got it tucked underneath his balls.” (Id. at 7:59:37–:40.) Campbell complained that Mack had “just got done looking under my balls” and did not uncover anything. (Id. at 7:59:40–:42.) Mack repeated that Campbell still had drugs “tucked underneath” his “balls” or his “ass.”
Campbell did not have any drugs on him.
Mack insisted he had the right to conduct a body cavity search because earlier in the day when he had handcuffed Campbell in the back of the patrol car, his K9 Clyde had notified him that there had been drugs inside the car.
However, not only was he obviously lying, he had no right or warrant to search the car in the first place for drugs because Campbell had been pulled over for driving his wife’s car with a temporary tag (which Mack claimed not to see), which is how Mack learned of his suspended license.
In 2015, he arrested and abused a man for speeding in a Dodge Challenger when witness video show he had actually clocked another Dodge Challenger for speeding.
