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COMPLAINT
COMES NOW, Plaintiff Tosha N. Henry, by and through the undersigned counsel, for
cause of action against the defendants, jointly and severally, and respectfully states unto this
INTRODUCTION
1. This cause of action is brought by Plaintiff against the defendants pursuant to 42 U.S.C. §
1983 for deprivation of civil rights secured by the Fourth and Fourteenth Amendments to
the United States Constitution and other claims which arise under color of state law.
Defendant White County, Tennessee, has employed and maintained an unlawful policy,
practice, and/or custom of strip searching citizens without probable cause or exigent
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Defendants Young and Slatton prolonged a traffic stop longer than reasonably necessary
to initiate the unlawful search of Plaintiff’s vehicle and unlawful strip search of Plaintiff’s
body. Defendant Songer performed an unlawful, invasive, and humiliating strip search of
Plaintiff on the side of a public road in plain view to anyone on the roadway and nearby
2. Plaintiff brings this action to recover all damages allowable under the law.
3. Jurisdiction is founded upon 28 U.S.C. § 1331 and 28 U.S.C. § 1343(a)(3), and § 1367(a).
This Court has jurisdiction over Plaintiff’s claims of violation of civil rights pursuant to
42 U.S.C. § 1983.
4. This Court has supplemental jurisdiction over Plaintiff’s state law claims pursuant to 28
U.S.C. § 1367(a).
5. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) in that the factual acts and
omissions which give rise to this cause of action occurred within this judicial district and
within one year of the filing of this Complaint and all defendants reside in the State of
PARTIES
6. Plaintiff Tosha N. Henry is an adult female citizen of the State of Tennessee, residing in
7. Defendant White County, Tennessee is a governmental entity organized under the laws of
the State of Tennessee and is known as a county, which acts through its elected
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commissioners and County Mayor. Among its other functions, White County operates
and maintains a law enforcement agency known as the White County Sheriff’s Office.
8. Defendant Brandon Young, upon information and belief, is a male adult resident and
citizen of White County, Tennessee. At all times material hereto, Defendant Young was a
deputy sheriff of the White County Sheriff’s Office and at all times relevant was acting
by virtue of his position as a law enforcement officer and under the color of state law.
9. Defendant Dallas Slatton, upon information and belief, is a male adult resident and
citizen of White County, Tennessee. At all times material hereto, Defendant Slatton was
a deputy sheriff of the White County Sheriff’s Office and at all times relevant was acting
by virtue of his position as a law enforcement officer and under the color of state law.
10. Defendant Marissa Songer, upon information and belief, is a female adult resident and
citizen of White County, Tennessee. At all times material hereto, Defendant Songer was
a corrections officer of the White County Sheriff’s Office and at all times relevant was
acting by virtue of her position as a corrections officer and under the color of state law.
FACTS
11. On October 19, 2019 around 10:00 p.m., Tosha Henry and her friend, Amanda Oakes,
were traveling together in a Nissan Maxima owned by Ms. Henry. Ms. Henry was
12. As the women crossed Highway 111 on Fred Hill Road, they noticed officers from the
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13. Ms. Henry continued driving on Fred Hill Road.
14. As Ms. Henry approached a stop sign at the intersection of Fred Hill Road and Doyle
Highway, a sheriff’s vehicle with flashing lights came speeding up behind her.
15. Ms. Henry pulled her vehicle over in front of the Budget Inn, located on the corner of
Fred Hill Road and Doyle Highway. The area was in plain view of anyone at the Budget
Inn on one side, and in plain view of Doyle Highway and Fred Hill Road on the other
side.
16. Defendant Brandon Young, a deputy with the White County Sheriff’s Office, initiated the
17. Shortly after Defendant Young approached the driver side of Ms. Henry’s vehicle,
Defendant Dallas Slatton arrived and approached the passenger side of the vehicle.
18. Defendant Young asked for Ms. Henry’s identification. Upon recognizing her, he leaned
down in the car, recognized the passenger, and asked for Ms. Oakes’s identification.
19. Defendant Young asked where the women were going. Ms. Henry responded that she
had just dropped off her children at their father’s house and she was on her way to drop
20. Defendant Young asked if there was anything illegal in vehicle. Ms. Henry responded,
“No.”
21. Defendant Young asked Ms. Henry if she was on probation and if she had just gotten out
jail. Defendant Young also asked Ms. Oakes if she was on probation.
22. Defendant Young told Ms. Henry that if she consented to a quick search of her vehicle, he
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23. Ms. Henry, who was on parole at the time, and fearing that she could get in trouble with
her parole officer for the traffic stop, agreed to the search in order to get a warning.
24. Neither Defendant Young nor Defendant Slatton had any articulable reasonable suspicion
25. Defendant Young ordered Ms. Henry and Ms. Oakes out of the vehicle and Defendant
26. Defendant Young took Ms. Henry and Ms. Oakes to the front of his patrol car where he
ordered the women to empty their pockets. No weapons, no drugs, nor anything illegal
27. Defendant Young returned to his patrol vehicle and ran the identifications of both women.
28. Five minutes into the traffic stop, the warrant check came back clear for both Ms. Henry
29. Defendant Young wrote out and signed the warning ticket for the plate light.
30. Seven minutes into the traffic stop, Ms. Henry signed the warning ticket, and Defendant
31. Defendant Young would not allow Ms. Henry nor her passenger to leave after the
32. The women were not under arrest, but were in custody.
33. Defendant Slatton continued to slowly, with sloth-like speed, search the vehicle,
34. The only thing allegedly found in the vehicle were brand new, never used baggies that
35. Neither Ms. Henry nor Ms. Oakes were questioned about the baggies.
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36. The baggies were not pulled out of the vehicle and were never shown to Ms. Henry nor
Ms. Oakes. The baggies were not seen on body cam nor dash cam video.
37. Defendant Young asked Ms. Henry and Ms. Oakes again if they had anything illegal on
38. Instead of letting Ms. Henry and Ms. Oakes go with the already issued warning ticket or
investigating the brand new, unused baggies further and without any evidence of
Young ordered White County Deputy Brandon Farris to bring a female corrections officer
to the scene.
39. Neither Ms. Henry nor Ms. Oakes heard the order for the female officer.
40. While waiting on the female officer to arrive, Defendant Young went over to Defendant
Slatton, who was still slowly searching the vehicle, and said, “Take your time, take your
41. Defendant Young wanted Defendant Slatton to purposefully drag out the search of the
vehicle in order to prolong the traffic stop until the female officer, Defendant Marrisa
Songer, arrived.
42. When Defendant Marissa Songer arrived, Defendant Young told Ms. Henry to go back to
43. Neither Ms. Henry, nor her passenger, Ms. Oaks, were told they were going to be strip
searched and made to squat and cough on the side of the road.
44. At this time, there were four White County Sheriff’s vehicles on the scene, four male
deputies (Defendant Young, Defendant Slatton, Deputy Brandon Farris, and another
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45. Ms. Henry was taken to the passenger side of a White County Sheriff’s vehicle parked
46. The passenger side of that vehicle was facing Fred Hill Road, in plain view of anyone
driving down Fred Hill Road, or anyone looking down Fred Hill Road while driving
down Doyle Highway. The Budget Inn was on the other side of the vehicle. Male
47. Defendant Songer ordered Ms. Henry to take off her hooded sweatshirt, t-shirt, and bra.
48. Ms. Henry, who was only expecting a pat down, was completely shocked at the request.
Ms. Henry questioned, “All the way off?” Defendant Songer confirmed, all the way off.
49. Defendant Songer then ordered Ms. Henry to pull down her pants and underwear all the
way down to her ankles, squat and cough. Defendant Songer, with a flashlight in hand,
viewed the exposed areas of Ms. Henry’s genital and anal region.
50. During the strip search of Ms. Henry, Defendant Young sent the unknown male deputy
back to where the search was occurring to check on Defendant Songer and Ms. Henry.
51. Defendant Songer found nothing during the intrusive strip search of Ms. Henry.
52. Embarrassed, humiliated, and dehumanized, Ms. Henry pulled up her pants and
underwear, put on her hooded sweatshirt, and slung her t-shirt over her shoulder.
53. All of this was done alongside a public road with a motel on the other side of the vehicle
54. At least three vehicles drove by while Ms. Henry was being strip searched.
55. Ms. Henry walked back to the front of Defendant Young’s patrol car visibly shaken over
56. Defendant Young then told Ms. Oakes to go back to Defendant Songer.
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57. Defendant Songer ordered Ms. Oakes to take her shirt off and shake out her bra. Upon
finding nothing, Defendant Songer grabbed Ms. Oakes bra, pulling it away from Ms.
Oakes’s body. Two empty syringes containing no drug residue fell out.
58. Defendant Songer then ordered Ms. Oakes to pull down her pants and underwear all the
59. All of this was done alongside a public road with a motel on the other side of the vehicle
60. During the strip search of Ms. Oakes, Defendant Young walked back to the vehicle where
61. The traffic stop, strip search, and search of Ms. Henry’s vehicle continued far beyond the
time necessary to investigate a faulty plate light and issue a warning ticket.
63. None of the searches were justified by either reasonable suspicion, probable cause, nor
exigent circumstances.
64. Neither Ms. Henry, nor Ms. Oakes were under arrest during the invasive strip searches.
65. No exigent circumstances existed to justify the strip search of Ms. Henry on the side of a
public highway.
66. It was only after the strip search of Ms. Henry that she was questioned about the brand
new, unused baggies allegedly found in Ms. Oakes’s purse. The baggies were never
67. Ms. Oakes was never questioned about the baggies found in her purse.
68. This is not the only incident of the defendants conducting strip searches on the side of
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69. On October 10, 2019, nine days earlier, Defendant Young pulled over a car driven by
Tonya Qualls. Defendant Young ordered a female officer to the scene. Defendant Songer
was brought to the scene where she made Tonya Qualls disrobe, squat, and cough on the
side of the road. Nothing was found during the strip search. Ms. Qualls was issued a
70. There may be other instances that are unknown at this time.
71. At all times relevant to this complaint, White County, Tennessee and in particular, the
White County Sheriff’s Office, maintained an illegal written policy, practice, and/or
72. White County officers, including the named defendants, apply this custodial search policy
encounters.
73. Ms. Henry has suffered emotionally and mentally as a result of the actions of the
defendants. She has experienced panic attacks and anxiety when near law enforcement
officers. Ms. Henry gets tearful and emotional when speaking about the incident and has
COUNT I
42 U.S.C. § 1983, Unlawful Search and Seizure
Violation of Plaintiffs’ Rights as Guaranteed by the Fourth and Fourteenth Amendments
(Defendants Young, Slatton, and Songer)
74. The Plaintiff hereby realleges and incorporates, in their entirety, each and every
paragraph contained in this Complaint and by reference makes said paragraphs a part
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75. In committing the acts complained of herein, Defendants acted under color of state law to
violate Tosha N. Henry’s right to be free from unreasonable searches and seizures under
76. The actions of the defendants violated Ms. Henry’s civil rights as protected by the Civil
77. Defendants worked together to detain Ms. Henry well over the amount of time necessary
to complete the tasks associated with the alleged traffic infraction: investigate a
malfunctioning license plate light and issue a warning ticket. However, Defendants
abandoned the lawful traffic enforcement purpose to the stop and embarked on another
78. Defendants did not uncover or ascertain any articulable facts that would lead to
79. Defendants unlawfully and unreasonably seized and detained Ms. Henry far beyond the
80. The unlawful seizure of Ms. Henry led to an intrusive, humiliating, and dehumanizing
road-side strip search that was conducted without probable cause or exigent
circumstances. Ms. Henry was made to remove her shirt and pull down her pants and
underwear to her ankles while on the side of a public roadway in plain view of the public
81. Defendant Songer escalated the unconstitutional search of Ms. Henry with an extremely
intrusive and outrageous squat and cough rectal inspection, again on the side of a public
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82. The unlawful strip search was done in violation of Ms. Henry’s right to be free from
83. Ms. Henry’s constitutional right to be free from unreasonable and invasive strip searches
absent probable cause or exigent circumstances under the Fourth and Fourteenth
Amendments was clearly established at the time of the defendants’ wrongful conduct.
84. The conduct of the defendants was willful, malicious, oppressive and/or reckless, and
was of such an outrageous nature that punitive damages should be imposed in an amount
85. As a direct and proximate result of the unlawful conduct of the defendants, Ms. Henry
COUNT II
42 U.S.C. § 1983, Unlawful Search and Seizure
Violation of Plaintiffs’ Rights as Guaranteed by the Fourth and Fourteenth Amendments
Municipal and Supervisory Liability
(Defendant White County, Tennessee)
86. The Plaintiff hereby realleges and incorporates, in their entirety, each and every
paragraph contained in this Complaint and by reference makes said paragraphs a part
87. Defendant White County permitted, encouraged, tolerated, and knowingly acquiesced to
an official policy, practice, and/or custom that violated the constitutional rights of the
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88. White County violated Ms. Henry’s right to be free from unreasonable, illegal searches
and seizures in violation of the Fourth and Fourteenth Amendments to the United States
Constitution by:
a. Having a policy, custom, and practice of failing to train and properly supervise its
probable cause;
strip searches of individuals not in police custody and within view of public roads;
places;
e. Failing to train or supervise personnel on when, where, and how a strip search
89. White County’s custom of prolonging traffic stop longer than reasonable necessary and
road-side strip searches, along with their failure to train employees regarding policies and
indifference allowing officers to violate Ms. Henry’s rights under the Fourth and
Fourteenth Amendments.
90. The presence of multiple deputies from the White County Sheriff’s Office on the scene
and there being other instances of road-side strip searches demonstrates that stripping
citizens not in custody and visually inspecting the most private areas of their bodies on
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91. White County was deliberately indifferent to Ms. Henry’s clearly established right to be
92. As a direct and proximate result of the foregoing policies, practices, and customs of
COUNT III
Intentional Infliction of Emotional Distress
(All Defendants)
93. The Plaintiff hereby realleges and incorporates, in their entirety, each and every
paragraph contained in this Complaint and by reference makes said paragraphs a part
94. The acts and conduct of Defendants, as described hereinabove, were committed in an
95. The defendants’ conduct in strip searching Ms. Henry, who was not in police custody,
within the view of public roads and anyone passing by is outrageous, intolerable and
96. As a direct and proximate result of the Defendants’ intentional, reckless, and outrageous
conduct, Ms. Henry has suffered severe emotional distress and is entitled to damages.
COUNT IV
T.C.A. § 8-8-302 et. seq.
97. The Plaintiff hereby realleges and incorporates, in their entirety, each and every
paragraph contained in this Complaint and by reference makes said paragraphs a part
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98. Plaintiff avers that White County, Tennessee is directly liable for all wrongs, injuries,
damages, and expenses incurred and sustained by Plaintiff pursuant to T.C.A. § 8-8-302
et. seq. as at all times material hereto Defendants Young, Slatton, and Songer were acting
by virtue of and under color of their office as deputy or jailer employed by White County
1. That proper process issue to Defendants and that they be required to answer under oath in
2. That judgment be rendered in favor of Plaintiff and against the Defendants, both jointly
3. That declaratory judgment be rendered that the customs with force of policy of White
4. That declaratory judgment be rendered that the acts and conduct complained of herein by
5. That injunctive relief be rendered precluding Defendants from engaging in the conduct
complained of herein in the future and requiring White County, Tennessee to provide
proper policy, training, and supervision of its employees and officers in regards to
6. That Plaintiff be awarded those damages to which it may appear that she is entitled based
on proof submitted in this case, including nominal, compensatory, and punitive damages,
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