Schenectady man says body search violated his civil rights

PHOTOGRAPHER: Steven Cook

A city man accused of drug possession last year has filed suit against the city, alleging, among other claims, that the department illegally detained him and illegally performed a body cavity search during booking.

Edward C. Overton filed suit last week in state Supreme Court in Schenectady County against the Schenectady Police Department and two officers.

Overton is alleging, among other items, that police violated his civil rights in stopping and searching him Dec. 11, 2009.

According to the suit, Overton is seeking $300,000 in damages related to each defendant.

Overton’s civil rights were violated, the suit reads, when police ordered him to undergo the body cavity search after he was arrested.

“The agents, servants, and/or employees of the City of Schenectady Police Department had no reasonable suspicion to arrest or detain the plaintiff,” the suit reads.

The suit also contends that officers found nothing during the body cavity search.

In the suit, Overton also alleges that the reason for the stop was based on “an alleged criminal act, all of which was false.”

Overton is represented in the suit by attorney Nicholas J. Grasso. Grasso did not return calls for comment this week.

An official with the city confirmed the case had been forwarded to the city’s insurance carrier for defense.

Edward C. Overton, then 26, of Columbia Street, was charged on Dec. 11, 2009, with one count of seventh-degree criminal possession of a controlled substance, records show. Further details on the criminal charge were not available.

Court records show Overton later pleaded guilty to the charge and was sentenced in June to three years probation.

The Schenectady Police Department was the subject of a federal lawsuit a decade ago over a then-policy to strip search all detainees before placing them in a police holding cell.

That policy was discontinued in mid-1999, and a federal judge in 2001 formally ruled the policy unconstitutional.

The federal judge ruled then that there must first be reasonable suspicion that a person charged with a misdemeanor or other minor offense has a concealed weapon or other contraband to conduct such a strip search.

Named as defendants are officer Adriel Linyear and another officer identified only as “Whipple.”

The suit alleges violation of Overton’s civil rights, negligent infliction of emotional distress, negligence, intentional infliction of emotional distress, false imprisonment, all against the city and two officers. The suit also alleges related to the officers, malicious prosecution.