Full opinion text
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION PARTIAL FOR SUMMARY JUDGMENT GENE CARTER, Senior District Judge. Plaintiffs bring this action against Defendants Knox County, Knox County Sheriff Daniel Davey, and individual corrections officers Jane Doe and John Doe for violations of their civil rights pursuant to 42 U.S.C. § 1983. See Amended Complaint (Docket Item No. 2). Specifically, Plaintiffs’ Amended Complaint alleges that as a result of being strip searched without reasonable suspicion their constitutional rights were violated by Knox- County (Count I), Sheriff Daniel Davey (Count II), Corrections Officer Jane Doe (Count IV) and Corrections Officer John Doe (Count VI). The class previously certified in this case is as follows: All people who after November 19, 1996, were subjected to a strip search and/or visual body cavity search without evaluation for individualized reasonable suspicion while being held at the Knox County Jail: (1) after having been arrested on charges that did not involve a weapon, drugs, or a violent felony; or (2) while waiting for bail to be set on charges that did not involve a weapon, drugs, or a violent felony; or (3) while waiting for an initial court appearance on charges that did not involve a weapon, drugs, or a violent felony; or (4) after having been arrested on a warrant that did not involve a weapon, drugs, or a violent felony. Plaintiffs now move for Summary Judgment with respect to all liability claims. I. FACTS A. State Standards Applicable to the Knox County Jail In Maine, the specific standards pursuant to which strip searches may be undertaken in correctional facilities come from the Attorney General. See 5 -M.R.S.A. § 200-G(l)(2002) (directs the Attorney General to develop rules governing strip searches and body cavity searches). The Attorney General’s Rules for Strip Searches define a strip search as “a search during which the arrestee’s body surface, including an arrestee’s anal cavity and a female arrestee’s vaginal cavity and breasts, is visually inspected.” Plaintiffs’ Ex. 10; Defendants’ Ex. 58. The Attorney General’s “Rules for Strip Searches, Mouth Searches and Body Cavity Searches of Arrestees” provides, in relevant part: 1. Strip searches and mouth search. An arrestee may be subjected to a strip search and mouth search if any one of the following preconditions for such searches exists: A. Probable cause and warrant..... B. Contact with inmates of a detention facility-arrestee for murder or a Class A, B, or C crime. An arrestee for murder or a Class A, B, or C crime, or a corresponding juvenile offense, may be subjected to a strip search and mouth search if such ar-restee is about to come into contact with any inmate of a detention facility. C. Contact with inmates of a detention facility — all other arrestees. An arrestee for other than murder or a Class A, B, or C crime, or corresponding juvenile offense, may be subjected to a strip search and mouth search if 1) the law enforcement officer authorizing such search has reasonable suspicion to believe that the arrestee is concealing on or inside his body a weapon, contraband, or evidence of a crime, and 2) the arrestee is about to come into contact with any inmates of a detention facility. Reasonable suspicion may be based on such factors as the nature of the offense for which the arrestee is arrested, the nature of offenses for which the ar-restee has previously been arrested, the arrestee’s appearance, and the arrestee’s conduct. Defendants’ Ex. 58. The Standard, which the Department of Corrections applies for strip searches, provides: D.22. Strip searches shall be conducted in compliance with the rules promulgated by the Maine Attorney General under 5 MRSA, Section 200G. At a minimum, strip searches shall: a. Be conducted only by, and in the presence of, staff of the same sex as the inmate; b. Be conducted in private and in a manner that preserves the dignity of the inmate; c. At the time of arrest or admission to the facility, may conduct a strip search when a pre-trial inmate charged or held for murder, or a Class A, B, or C offense; d. At the time of arrest or admission to a facility, not conduct a strip search of a pre-trial inmate charged with a Class D, E or other misdemeanor offense unless the officer has reasonable suspicion to believe that an inmate is concealing contraband and is about to come into contact with inmates of the facility; e. In the case of an inmate taken into custody for execution of a sentence or already an inmate of a detention facility, be subject to strip search at any time, to include when the inmate enters or leaves a security perimeter; f. All strip searches conducted at the time of arrest or admission shall be recorded and include at a minimum: 1. Name of the inmate and the staff person conducting the strip search and other persons present; 2. In the case where required under 5 MRSA, Section 200G, justification for the strip search. Defendants’ Ex. 57. Maine law requires that “Each strip search or body cavity search shall be recorded in a log kept by the Department of Public Safety, sheriffs department or police department indicating the person who ordered the search, the name of the arres-tee and the parts of the body searched.” 5 M.R.S.A. § 200-G(2)(D). With respect to record keeping the Attorney General’s Rules provide: Each strip search, mouth search, and body cavity search of an arrestee shall be recorded in a log kept by the law enforcement agency whose officers were involved in the search. The log shall indicate the name of the officer who ordered the search, the name of the officer or medically trained personnel who conducted the search, the names of the officers present at the search, the name of the arrestee, the parts of the body searched, and the justification or justifications for the search, e.g., (1) search warrant, (2) exigent circumstances and probable cause, (3) consent, (4) contact of arrestee for murder, a Class A, B, or C crime, or corresponding juvenile offense, with inmates of a detention facility, or (5) reasonable suspicion combined with contact of arrestee for other than murder, a Class A, B, or C crime, or corresponding juvenile offense, with inmates of a detention facility. Where the justification for a warrantless search is based on the existence of probable cause or reasonable suspicion, such probable cause or reasonable suspicion shall be summarized in the-log. Defendants’ Ex. 58. B. Knox County Jail and Sheriff Davey’s Policies on Strip Searches Daniel Davey is the elected Sheriff of Knox County in 1985 and has served as Sheriff continually since then. Davey Aff. ¶ 1. As Sheriff of Knox County, Mr. Davey has final decision-making authority with respect to all policy and operational matters at the Knox County Jail. Davey Aff. ¶2. Officially established , jail policies and procedures are generally drafted by the Jail Administrator, and then provided to Sheriff Davey for approval. Davey Aff. ¶ 2. All jail policies are also provided to the Department of Corrections for approval. Id. Sheriff Davey is the only individual at the Knox County Jail with the ability to make final decisions regarding the implementation of a jail policy or procedure. Id. Knox County Jail Policy D-220 entitled “Search Procedures” was revised in January 1994, and provided in relevant part: Procedure A Search Procedures — General Body searches will be performed on inmates in the least degrading manner by corrections officers prior to beginning the admission process. The officer performing the search will: Strip search all incoming inmates prior to placement in the general population; Procedure C Inmate Strip Search Definition: A strip search is any unclothed search during which the inmate’s body surface and cavities are visually inspected, with lifting or moving of body parts done by the individual being searched. The intake Officer will conduct a strip search and mouth search on any inmate admitted to the facility who is: Unable to bail on charges. Charged with murder, or Class A, B or C crimes whether the individual is an adult or juvenile. Allowed contact with any other inmate in the jail. Exceptions: If an officer has reasonable suspicion to believe an inmate is concealing on or inside his/her body a weapon, contraband or evidence of a crime. Defendants’ Ex. 52. 1. 1994 Department of Corrections Policy Review and Jail Inspection In May of 1994, the Department of Corrections conducted a review of Section D of the Knox County Jail Policy and Procedure Manual. The review was conducted by Maine Jail Inspector John Hinckley. Davey Aff. ¶ 7; Affidavit of Raymond Voyer ¶ 2. The policy review informed Sheriff Davey that Policy D-220, pertaining to body searches, needed to be revised to comply with the Attorney General’s Rules for searches. Davey Aff. ¶ 7; Voyer Aff. ¶¶ 3, 4; Defendants’ Ex. 55. In September, October, and November of 1994, the Department of Corrections undertook an inspection of the Knox County Jail. Mr. Hinckley, conducted that inspection and, during that inspection, Lt. Cathy Wyman indicated to Mr. Hinckley that Knox County strip searched all the detainees. Hinckley Depo. at 80, 124; Defendants’ Ex. 59 (“While it appears that this facility is in partial compliance, based on policy and staff statements, all inmates are being strip searched if they are to be housed. This is in violation of D.22.d.”). A revised Knox County Policy D-220 was approved by the Department of Corrections and went into effect in October of 1994. Defendants’ Ex. 53. In relevant part, the new search procedure provided: Procedure A Search Procedures — -General Body searches will be performed in the least degrading manner by corrections officers prior to the admission process. The officer performing the search will ensure that: Strip searches will be conducted only on inmates brought in on a felony charge (A, B or C crime) or if the officer(s) have reasonable suspicion that contraband, i.e., a weapon, drugs or evidence of a crime may be concealed under their clothing. Procedure C Inmate Strip Search Definition: A strip search is any unclothed search during which the inmate’s body surfaces and cavities are visually inspected, with the lifting or moving of body parts done by the individual being searched; all clothing items of said individual will also be searched thoroughly in the process. Strip searches will be performed inside the Booking area in the shower stall after a pat search has first been done before admitting the detainee beyond the 110E door. 1. The intake (Booking) Officer will conduct a strip search of any inmate admitted to the facility who is: a. Charged with murder, or a Class A, B or C crime and, b. unable to bail on charges, and, c. before coming in contact with any other inmate. Defendants’ Ex. 53. Jail Administrator Raymond Voyer was instructed that the new policy be included in the Policy and Procedure Manual, and that all corrections staff be trained in the policy and requirement to implement it. Davey Aff. ¶ 10; Voyer Aff. ¶ 13. In December of 1994, the Department of Corrections issued a report which Sheriff Davey and Mr. Voyer received. Defendants’ Ex. 59; Davey Aff. ¶ 11; Voyer Aff. ¶ 6. The report identified certain areas of non-compliance with the Department of Corrections Standards. Relevant to the issues raised in this case, the report found that Department of Corrections Standards and Attorney General’s Rules for strip searches were being violated because “based on policy and staff statements, all inmates are being strip searched if they are housed.” Defendants’ Ex. 59 at 31; Davey Aff. ¶ 11; Voyer Aff. ¶ 6; Hinckley Depo. at 77, 79; Plaintiffs’ Ex.10, Attorney General’s Rules and Regulations. As a result of the 1994 policy review and the jail inspection, Sheriff Davey instructed Mr. Voyer to revise Policy D-220 to comply with Department of Corrections Standards and the Attorney General’s Rules. Davey Aff. ¶ 9; Voyer Aff. ¶ 5. Mr. Voyer made revisions and Sheriff Davey approved them. Id. A few months later, Mr. Voyer made further revisions to both Policy C-120 and D-220, and in January 1995 Sheriff Davey approved them. Defendants’ Exs. 48, 54; Voyer Aff. ¶ 12; Davey Aff. ¶ 15. Policy C-120 — “Admission Procedures — Inmates Not Bailed” provides in relevant part: The following admissions procedures are not required to be completed on inmates being admitted and immediately released. Procedures, as outlined below, are necessary to safely admit inmates who are not going to make bail, while protecting their rights. PROCEDURE A Strip Search/Decontamination 1. Strip searches will be conducted on pre-trial inmates at the time of arrest or admission to the facility if they are charged or held for murder or a class A, B or C crime[ ]; they will be conducted only under the following conditions: a. They shall be conducted only by, and in the presence of, staff of the same sex as the inmate. b. They shall be recorded and include at a minimum: (1) Name of inmate. (2) Name of staff person doing the search. (3) Name of any other persons present. (4) Justification for search if required under 5 MRSA, Section 200G. 2. Strip searches will also be conducted on inmates taken into custody for execution of a sentence or already an inmate of a detention facility, to include when the inmate(s) enter or leave a security perimeter. 3. Strip searches will NOT be conducted at the time of arrest or admission on pre-trial inmates charged with a class D, E, or other misdemeanor offense unless the officer has REASONABLE SUSPICION to believe that an inmate is concealing contraband and is about to come in contact with other inmates of the facility. Defendants’ Ex. 48. Policy D-220— “Search Procedures” became effective January 1995 and provides, in relevant part: Contraband in a correctional facility creates a danger to staff, visitors and residents. In an effort to stem the flow of contraband, facility shakedowns, searches of common and living areas will be performed, in addition to body searches of inmates in accordance with the Maine State Attorney General’s Rules for Searches and the Maine Jail Standards. Officers must act in a professional manner while performing pat and strip searches and do them in the least degrading manner possible. PROCEDURE A Search Procedures, General 1. Body searches will be performed in the least degrading manner by corrections officers prior to the admission process. The officer performing the search will ensure that: a. Pat search all detainees brought into the jail between the 105E and 110E doors before the 110E door is opened and they are brought in to Booking. b. Strip searches will be conducted only on inmates brought in on felony charge (A, B, or C crime) or if the officer(s) have reasonable suspicion that contraband, i.e., a weapon, drugs, or evidence of a crime may be concealed under their clothing. c. All inmates being transported will be pat searched; they may be strip searched if probable cause exists to believe that the safety of the officers, the inmates and/or the public could be in jeopardy. d. The following information is recorded in the Daily Log (Shift Activity Log). (1) Date, time and location of search. (2) Name of the inmate(s). (3) Any items seized. (4) Name(s) of Officer(s) performing the search. e. Incident reports are prepared and submitted if any contraband is found. f. Searches are performed by persons of the same gender as the person(s) being searched. PROCEDURE C Inmate Strip Search DEFINITION: A strip search is any unclothed search during which the inmate’s body surfaces and cavities are visually inspected, with the lifting or moving of body parts done by the individual being searched; all clothing items of said individual will also be searched thoroughly in the process. Strip searches will be performed inside the Booking area in the shower stall after a pat search has first been done before admitting the detainee beyond the 110E door. 1. The Intake (Booking) Officer will conduct a strip search of any inmate admitted to the facility who is: a. Charged with murder, or a Class A, B, or C crime and, b. Unable to bail on charges, and, c. Before coming in contact with any other inmate. d. A strip search may also be performed for the safety of the staff and inmate population and security of the facility when probable cause exists to believe that the Inmate in question may be concealing contraband and/or weapons on his/her person and a pat search has not turned up anything. 2. The strip search must be conducted by an officer of the same sex as the inmate, with the following rules observed: a. Allowing only those officer personnel of the same gender who are necessary to be present during the search for the following reasons: (1) Protection. (2) Witnessing removal of contraband or evidence of a crime. (3) Other legitimate law enforcement purpose. Defendants’ Ex. 54. When Policy C-120 and D-220 were made effective in January of 1995 they were placed in the Policy and Procedure Manual. Davey Aff. ¶ 16. These policies clearly prohibit strip searches of misdemeanor detainees without reasonable suspicion. Jail Administrator Voyer was instructed to ensure that correctional officers were provided with the revised policy and were given training in the implementation of the policies. Id. In describing the corrective action planned or taken, Sheriff Davey, together with Mr. Voyer, responded to the Department of Corrections Statement of Deficiencies for Standard D-22 stating: “The search policy has been clarified for all correctional staffers: strip searches are no longer conducted except as specified in the standards.” Defendants’ Ex. 60; Hinckley Depo. at 94; Davey Aff. ¶ 12; Voyer Aff. ¶ 7. 2. 2000 Department of Corrections Jail Inspection In August and September of 2000, the Department of Corrections conducted another inspection of the Knox County Jail. Davey Aff. ¶ 17. When he inspected the Knox County Jail again in 2000, Mr. Hinckley found that the jail was not in compliance with Department of Correction Standard on strip searches. Plaintiffs’ Ex. 14, 2000 Biennial Inspection Report of Knox County Jail; Hinckley Depo. at 95, 119-120. During the 2000 Jail Inspection, two different Knox County Jail employees interviewed by Mr. Hinckley verified that Knox County was strip searching every detainee. Hinckley Depo. at 97. Moreover, although in some instances Knox County may have relied on the charge itself as the basis for the strip search, the report finds that the specific justification for strip searches required by the Attorney General’s Rules, was not being documented by Knox County. Plaintiffs’ Ex. 14, 2000, Biennial Inspection Report of Knox County Jail; Hinckley Depo. at 99, 100. In October of 2000, the Department of Corrections issued a report identifying areas of non-compliance regarding its inspection of the Knox County Jail. Defendants’ Ex. 61; Davey Aff. ¶ 17. According to the report and relevant to this case, the jail was not in compliance with the Department of Corrections Standard on strip searches because, “based on statements from staff, all inmates were being strip searched regardless of the crime if they are to be housed.” Defendants’ Ex. 61; Davey Aff. ¶ 17. In February 2001, Sheriff Davey prepared a response to the finding of non-compliance with Standard D.22.d and stated that “strip searches of Class D and E will NOT take place except in those instances described in the standard.” Defendants’ Ex. 62 (emphasis in original); Davey Aff. ¶ 18. After the 2000 Jail inspection, Jail Administrator Richard Robbins developed a procedure for implementing Policy C-120 with respect to detainees charged with Class D and E crimes. The procedure for implementing Policy C-120 was approved by Sheriff Davey and became effective in May 2001, providing that detainees charged with misdemeanors “will be pat searched.” Defendants’ Ex. 49 (emphasis in original); Davey Aff. ¶ 20. The only mention of strip search is in a section dealing with metal detector alerts where the procedure states “[ajrticulable suspicion is justification for strip search.” Defendants’ Ex. 49. At the same time, Jail Administrator Robbins also developed a specific and detailed “Daily Activity Schedule for Designated Housing for PreArraignment Detainees Class D and E Section 128/eells 130, 131, and 132.” Defendants’ Ex. 50. This procedural memorandum indicated that “[a]U detainees held in this section HAVE NOT been strip searched; they will not have contact with each other for security reasons.” Defendants’ Ex. 50 (emphasis in original); Davey Aff. ¶ 22. In May 2001, after Knox County settled a law suit alleging unconstitutional strip searches, Mr. Robbins wrote a memorandum to the chiefs of the local police departments stating: 1. As you, no doubt, know, the County recently settled a law suit, which charged that Jail staff conducting [sic] an inappropriate strip search in 1994. 2. As a consequence of the suit, an extensive and in-depth review of policy and procedure regarding strip searches was conducted by the administration of the Knox County Jail. You may, also, recall that in the past staff at the Jail were occasionally requested to conduct a strip search of an arrestee at the request of the arresting agency. On such occasions a written authorization/request was executed by the arresting officer. 3. Please be advised that given the resolution of the law suit (Miller v. Knox County et al), the Jail will no longer conduct a strip search of those arrested and charged with Class D and/or Class E offenses at the request of the arresting officers (for the purpose of discovering evidence). If an arresting officer desires to have an arrestee strip searched for the purpose of discovering evidence, the search must take place prior to admission to the Jail. Plaintiffs’ Ex. 23 (emphasis added). In March of 2002, Jail Administrator Robbins issued a memorandum to all staff entitled “Management of Non-Searched Inmates,” which states: [t]he purpose of the P & P re: nonr search inmates is to minimize, as much as possible, the opportunities for such inmates to mix among themselves or the general population. The goal is intended to reduce liability for the County since we cannot be assured that contraband is not in possession of such inmates absent a strip search, which the First Circuit Court has prohibited without ar-ticulable suspicion. Defendants’ Ex. 51; Davey Aff. ¶ 28. Later, in connection with the investigation of this law suit, Mr. Robbins wrote an intradepartmental memorandum which provides: 1. Based on the notation in the Lynette ROBINSON inmate file [12/22/00 @ 0702] that C/O M. Kenney had strip searched inmate ROBINSON, I interviewed C/O Kenney this date. 2. In response to my inquiry C/O Ken-ney explained her understanding of the current strip search policy, identifying felony PT inmates, sentenced inmates (regardless of class) and misdemeanor PT inmates based upon articulable suspicion were subject to strip search. 3. C/O Kenney advised that she had been employed at the facility for approximately 5 years and that prior to the procedural changes adopted in February 2001, it tvas her understanding that anyone, regardless of crime class was to be stripped searched if they were admitted to the general population. She further advised that it was her recollection that she was trained to conduct strip searches of any inmate admitted to general population during her classroom training and job shadowing, albeit she did not recall who presented that segment of her training. She stated that she had no recollection of the strip search policy developed and written by (then) jail administrator Raymond Voyer. 4. I spoke with Sgt. Jay Costigan and R/O Cheryl Daniello this date regarding the strip search policy and practice. Both indicated that they recalled a discussion several years ago in which the Voyer and D.O.C. policies were mentioned and that the decision was made by someone (unidentified) to disregard the applicable policy and standard and continue to search all inmates, regardless of crime class, if they were to be admitted to the general population. The justification, as they recalled, was safety and security of the facility. Sgt. Costigan stated that he doesn’t recall ever seeing or receiving a copy of the Voyer strip search policy. 5. Since the policy was written by Mr. Voyer in his capacity as jail administrator, and both Sgt. Costigan and R/O Daniello suggested that a conscious decision was made to disregard the policy, it is reasonable to believe that the ONLY person that could have issued such an advisory to disregard the policy that would have had a compulsory effect on staff would have been Lt. Wyman. As program officer, Lt. Gardner would have lacked such authority. Plaintiffs’ Ex. 20 (emphasis added). A few days later, Mr. Robbins penned another memorandum stating: 1. Based on the notation in the Lynette ROBINSON inmate file [12/22/00 @0702] that C/O M. Kenney had strip searched Inmate ROBINSON, I interviewed C/O Kenney on 2/14/03. 2. During the course of the interview C/O Kenney mentioned that she was trained to strip search everyone that was not going to be admitted to bail. She mentioned that C/O Dane Winslow was in her training class and would, therefore, advise that he was trained in the same way. 3. I interviewed C/O Winslow in my office on 2/14/03 at approximately 1615 hours. I asked C/O Winslow what his understanding of the current strip search policy was. He explained his understanding, which appeared to be correct except that he did not believe that any misdemeanor PT inmate could be strip searched. 4. I asked C/O Winslow what his training had been when he first joined the agency. He confirmed the representation of C/O Kenney, viz., that he had been trained to strip search any inmate that was not admitted to bail regardless of crime class. He could not recall who taught the unit, nor was he aware that Maj. Raymond Voyer, former jail administrator, had written an agency policy that prohibited strip searches of misdemeanor PT arrestees. In response to my request C/O Winslow indicated that he would attempt to locate his training materials in order to identify who taught the strip search unit. Plaintiffs’ Ex. 20 (emphasis added). C. Evidence of Strip Searches Conducted at the Knox County Jail On February 7, 2001, at approximately 5:05 p.m., Plaintiff Laurie Tardiff was arrested at her residence in Rockland, Maine, by a Rockland Police Officer. Ms. Tardiff was arrested pursuant to a warrant for tampering with a witness — a Class C felony charge. See 17-A § 454(1)(A)(2); Simmons Aff. ¶ 6; Middaugh Aff. ¶¶ 2, 3; Defendants’ Exs. 63-65; Affidavit of Laurie Tardiff at ¶ 3. Prior to leaving home, she was required to empty her pockets in front of the arresting officer. Tardiff Aff. ¶ 5. Ms. Tardiff was taken to the Knox County Jail, and on her arrival, was booked in the intake area. Tardiff Aff. ¶ 6. After being booked, Ms. Tardiff was taken to a shower area and Correction Officer Linda Simmons ordered her to remove her clothing for inspection. Tardiff Aff. ¶ 15. After her clothing was removed, Ms. Tar-diff was strip searched. Tardiff Aff. ¶ 22-23. Once this process was completed, Ms. Tardiff was given jail clothing and allowed to dress. Simmons Aff. ¶¶ 6-12; Defendants’ Ex. 28. Ms. Tardiff was then placed in a cell. The Intake/Release Log for February 7, 2001, omits reference to Ms. Tardiffs strip search. Plaintiffs Exhibit 2. Over the relevant class period, six separate months of the Knox County Jail’s Intake/Release Logs and Inmate Daily Logs, were randomly selected to create a sample of potential class members: January 1997, February 1998, November 1999, October 2000, July 2001, and August 2002. Ward Aff. ¶¶ 1-8. During these six sample months at least seventeen persons charged with various Class E crimes were strip searched without reasonable suspicion. Ex. A of Ward Aff.; Defendants’ Ex. 67. During these six sample months at least nine persons charged with Class D OUI were strip searched without reasonable suspicion. Ward Aff. ¶¶ 21, 22; Ex. B of Ward Aff.; Defendants’ Ex. 68. In addition, during these six sample months at least six persons charged with miscellaneous Class D misdemeanors were strip searched without reasonable suspicion. Ward Aff. ¶ 16; Ex. C of Ward Aff.; Defendants’ Ex. 69. II. DISCUSSION Summary judgment is appropriate only if the record shows “that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); United States Steel v. M. DeMatteo Constr. Co., 315 F.3d 43, 48 (1st Cir.2002). “In this regard, ‘material’ means that a contested fact has the potential to change the outcome of the suit under the governing law if the dispute over it is resolved favorably to the nonmovant. By like token, ‘genuine’ means that ‘the evidence about the fact is such that a reasonable jury could resolve the point in favor of the nonmoving party.’ ” Navarro v. Pfizer Corp., 261 F.3d 90, 93-94 (1st Cir.2001) (quoting McCarthy v. Northwest Airlines, Inc., 56 F.3d 313, 315 (1st Cir.1995)). The party moving for summary judgment must demonstrate an absence of evidence to support the nonmoving party’s case. Celo-tex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In determining whether this burden is met, the court must view the record in the light most favorable to the nonmoving party and give that party the benefit of all reasonable inferences in its favor. Nicolo v. Philip Morris, Inc., 201 F.3d 29, 33 (1st Cir.2000). Once the moving party has made a preliminary showing that no genuine issue of material fact exists, the non-movant must “produce specific facts, in suitable evidentiary form, to establish the presence of a trialworthy issue.” Triangle Trading Co. v. Robroy Indus., Inc., 200 F.3d 1, 2 (1st Cir.1999) (citation and internal punctuation omitted); Fed.R.Civ.P. 56(e). “As to any essential factual element of its claim on which the nonmovant would bear the burden of proof at trial, its failure to come forward with sufficient evidence to generate a trialworthy issue warrants summary judgment to the moving party.” In re Spigel, 260 F.3d 27, 31 (1st Cir.2001) (citation and internal punctuation omitted). A. MUNICIPAL LIABILITY A claim under section 1983 requires the plaintiff to show the deprivation of a federally secured right by a person acting under color of state law. See 42 U.S.C. § 1983; see also Camilo-Robles v. Hoyos, 151 F.3d 1, 5 (1st Cir.1998). A municipality cannot be held liable under 42 U.S.C. § 1983 for constitutional deprivations unless the unconstitutional conduct occurred as a result of the implementation or execution of a municipal policy or custom. Monell v. New York City Dept. of Social Services, 436 U.S. 658, 690-91, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). As with any other tort claim, there must be a showing in a section 1983 action of “a direct causal link” between the municipal policy or custom and the alleged constitutional deprivation. Canton v. Harris, 489 U.S. 378, 385, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989). In applying Monell, courts have struggled to determine just which sorts of municipal wrongdoing may properly be said to have caused constitutional violations. See id. (noting that this inquiry has left the Supreme Court “deeply divided”). A clear basis for municipal liability is, however, the municipality’s enforcement of an unconstitutional regulation, ordinance, or written policy. See Pembaur v. City of Cincinnati, 475 U.S. 469, 480, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986). A “policy” may be established by either a policy or decision adopted by the municipality or a single act of a municipal official with final policymak-ing authority. See St. Louis v. Praprot-nik, 485 U.S. 112, 124, 108 S.Ct. 915, 99 L.Ed.2d 107 (1988). Another basis for municipal liability arises out of an unconstitutional “custom or practice” if it is “so well settled and widespread that the policymak-ing officials of the municipality can be said to have either actual or constructive knowledge of it yet did nothing to end the practice.” Bordanaro v. McLeod, 871 F.2d 1151, 1156 (1st Cir.1989). Unlike a “policy,” which comes into existence because of the top down affirmative decision of a policymaker, a “custom or practice” develops from the bottom up. Thus, the liability of the municipality for custom-based constitutional violations derives not from its creation of the custom, but from its tolerance of or acquiescence in it. Id. 1. The Constitutionality of the Policy of Strip Searching All Detainees Charged with a Non-Violent, Non-Weapon, or Non-Drug Felony Plaintiffs contend that Knox County’s written policy of strip searching all felony detainees without reasonable suspicion is unconstitutional. Defendants respond that the felony charge itself provides the justification to perform a strip search. Because the class of Plaintiffs certified in this case include only those detainees charged with a non-violent, non-weapon, non-drug felony, it is not necessary for the Court to decide the issue of whether any felony charge alone provides a constitutional basis upon which to strip search a detainee. Rather the Court will consider the narrower question of whether a detainee charged with a non-violent, non-weapon, non-drug felony can be constitutionally strip searched based on the charge alone. Almost twenty-five years ago the Supreme Court laid out a balancing test under the Fourth Amendment to determine the reasonableness of a search which requires the weighing of the “need for the particular search against the invasion of personal rights that the search entails.” Bell v. Wolfish, 441 U.S. 520, 559, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979). Specifically, this balancing test requires courts to “consider the scope of the particular intrusion, the manner in which it is conducted, the justification for initiating it, and the place in which it is conducted.” Id. In applying the Bell test in the context of misdemeanor detainees, the First Circuit concluded that strip and visual body cavity searches “must be justified by at least a reasonable suspicion that the arrestee is concealing contraband or weapons.” Swain v. Spinney, 117 F.3d 1, 7 (1st Cir.1997). See also Wood v. Clemons, 89 F.3d 922, 929 (1st Cir.1996)(reasonable suspicion standard is the appropriate one for justifying strip searches of prison visitors); United States v. Uricoechea-Casallas, 946 F.2d 162, 166 (1st Cir.1991)(reasonable suspicion standard is the appropriate one for justifying strip searches non-routine border searches). In the years following Swain, the First Circuit has reaffirmed that strip searches of persons arrested on a misdemeanor charge and brought to a local jail for booking must be justified by individualized reasonable suspicion of concealed weapons or contraband. See Wood v. Hancock County, 354 F.3d 57, 62 (1st Cir. 2003); Roberts v. Rhode Island, 239 F.3d 107, 113 (1st Cir.2001); Miller v. Kennebec County, 219 F.3d 8, 12-13 (1st Cir.2000); see also Savard v. Rhode Island, 338 F.3d 23, 37 (1st Cir.2003)(en banc)(equally divided court affirmed district court’s grant of qualified immunity to defendants based on conclusion that unlawfulness of strip search of misdemeanants housed at a state’s maximum security prison without particularized suspicion was not clearly established). The record in this case establishes that pursuant to Knox County’s written policy corrections officers at the Knox County Jail routinely strip search newly-arrived felony arrestees regardless of the charge. The jail policies do not differentiate between violent felonies and other non-violent, non-weapon, or non-drug Class “C” crimes. Robbins Depo. at 12. Under Maine law, there are some felony crimes that do not involve violence, weapons, or drugs. For example, Maine’s “Operating Under the Influence” statute provides a Class C felony. See 29-A M.R.S.A. § 2411. .It cannot be understood that being accused of operating under the influence would automatically provide reasonable suspicion to believe that the detainee was concealing contraband on or in their body. While the goal of preventing the entry of contraband into a local jail is justifiable from the standpoint of safety and security, such justification alone can not sustain a policy or practice of strip searching individuals without reasonable suspicion. See Wood, 89 F.3d at 928 (“[A] strip search can hardly be characterized as a routine procedure or as a minimally intrusive means of maintaining prison security. Indeed, ‘a strip search, by its very nature, constitutes an extreme intrusion upon personal privacy, as well as an offense to the dignity of the individual.’ ”)(internal quotations omitted). Defendants offer no evidence or precedent that would justify a policy for searching all detainees charged with nonviolent, non-weapon, or non-drug felonies. Although Defendants assert that the reason for the policy is to prevent the entry of contraband into the facility, they do not argue that the Knox County Jail is frequently confronted with contraband smuggled into the Knox County Jail. There is no evidence that detainees have typically concealed contraband or weapons in their bodies in the past, let alone that the felony detainees are responsible for a greater amount of contraband than misdemeanor detainees. Defendants’ rely on three incident reports from the Knox County Jail all arising out of the August 2002 two-day detainment of a single felony arrestee named Jodi Young. Defendants’ Exs. 71, 72, 73. Each report indicates that contraband was discovered either in her cell or on her person. Id. However, it is not determinable from the record whether she was charged with a felony involving violence, a weapon or drugs. Since it is not known on what type of felony charge she was detained, evidence of her possession of contraband while at the Knox County Jail is not necessarily probative of the justification for strip searching all felony detainees. The evidentiary record, contrary to Defendants’ assertion, does not support a conclusion that a non-violent, non-weapon, non-drug felony charge automatically provides reasonable suspicion to conduct a strip search. Defendants assert that in developing their policy they relied on the Attorney General’s Rules and Department of Corrections Standards, which permit the strip search of all felony arrestees without reasonable suspicion. This argument, however, goes only to the question of Knox County’s good faith in adopting those non-mandatory rules and standards. Since the County is not entitled to the benefit of a qualified immunity defense, Knox County’s reliance on them does not excuse the application of an otherwise unlawful policy. See Owen v. City of Independence, 445 U.S. 622, 639, 100 S.Ct. 1398, 63 L.Ed.2d 673 (1980) (municipality may not assert the good faith of its officers as a defense to section 1983 liability). While the First Circuit has not directly addressed the appropriate test for the validity of a strip search during the booking process at a local jail and incident to a felony arrest, this Court concludes that, with respect to detainees charged with a non-violent, non-weapon, non-drug felony, the particularized reasonable suspicion test is applicable, rather than strip searches of all felony arrestees being authorized based solely on the fact that they had been arrested on a charge categorized under state law as a felony. Swain, 117 F.3d at 7 (“[I]t is clear that at least the reasonable suspicion standard governs strip and visual body cavity searches in the arrestee context____”). This conclusion is based in part on the First Circuit’s clear statements about constitutional protections applicable to individuals who are the subject of a governmentally initiated strip search. The law in this Circuit does not countenance a. policy permitting strip searches of all non-violent, non-weapon, non-drug felony detainees upon arrival at a local correctional facility simply because they stand accused of a felony. The distinction between felony and misdemeanor detainees alone fails to address the likelihood that a detainee would be concealing drugs, weapons, or other contraband. See Tennessee v. Garner, 471 U.S. 1, 14, 105 S.Ct. 1694, 85 L.Ed.2d 1, (1985) (“[T]he assumption that a ‘felon’ is more dangerous than a misdemeanant [is] untenable.”). Moreover, a non-violent, non-weapon, non-drug felony charge fails to create a presumption of reasonable suspicion required to perform a strip search. Though the crime for which a detainee is charged is an important factor for consideration, it does not independently establish reasonable suspicion necessary under the Fourth Amendment. Officers should evaluate whether the crime charged involves violence, drugs, or some other feature from which an officer could reasonably suspect that an arrestee was hiding weapons or contraband as well as other factors like the circumstances of the arrest and the particular characteristics of the arrestee. When these factors are considered, it is possible that the strip search of many accused felons may be legitimate. Nevertheless, strip searching all individuals charged with felony crimes that do not involve violence, weapons, or drugs as part of the booking process at a local jail is unconstitutional. Plaintiffs have established that corrections officers were following the unconstitutional policy of strip searching all felony detainees when their rights were violated. Because Knox County’s written policy of strip searching all felony detainees charged with non-violent, non-weapon, or non-drug offenses is unconstitutional and that policy caused the violation of the constitutional rights of Plaintiffs arrested on felony charges, the Court will grant Plaintiffs’ Motion for Partial Summary Judgment against Knox County on that part of Count I as to the existence of liability. 2. The Constitutionality of Knox County’s Alleged Custom and Practice of Strip Searching Detainees Charged with Misdemeanors Plaintiff must meet two requirements to maintain this type of section 1983 claim. First, the custom or practice must be attributable to the municipality; i.e., it must be “so well settled and widespread that the policymaking officials of the municipality can be said to have either actual or constructive knowledge of it yet did nothing to end the practice.” Bordanaro, 871 F.2d at 1156. Second, the custom must have been the cause of and “the moving force” behind the deprivation of constitutional rights. Id. at 1157. Under the law regarding strip searches of persons arrested on a misdemeanor charge it is well established that the Fourth Amendment requires that strip and visual body cavity searches “must be justified by at least a reasonable suspicion that the arrestee is concealing contraband or weapons.” Swain, 117 F.3d at 7. Plaintiffs contend that Knox County has a custom and practice of routinely strip searching persons charged with minor offenses without articulable suspicion that they harbor contraband or weapons. While Defendants deny unlawfully strip searching four proposed Plaintiffs charged with misdemeanors, Defendants admit to strip searching a significant number of misdemeanor detainees without reasonable suspicion during the relevant class period. a. Existence of Widespread Practice Prior to October 1994, Knox County Jail policy required corrections officers to strip search all detainees brought to the facility. Defendants’ Ex. 52. With respect to misdemeanor detainees, the revisions made to Policy D-220 in October 1994 and Policy C-120 in January 1995 brought those written policies in line with constitutional standards. Defendants’ Exs. 53, 48. While Knox County Policies C-120 and D-220 have clearly stated, since October 1994, that misdemeanor detainees are not to be strip searched without reasonable suspicion, the record presents undisputed evidence that substantial numbers of persons arrested for misdemeanor offenses were routinely strip searched without reasonable suspicion at the Knox County Jail. The reports generated by the Department of Corrections following the 1994 Jail Inspection and the 2000 Jail Inspection find, based on staff statements made at those times, that corrections officers at the jail were strip searching all detainees charged with misdemeanors. Defendants’ Exs. 59, 61. Even before the 2000 Jail Inspection was conducted, Jail Administrator Robbins admits that as a result of the lawsuit Miller v. Kennebec County, 219 F.3d 8 (1st Cir.2000), which was filed in this Court in April 1998, he “became aware that the jail staff were not always following the policy and were, at least on some occasions, conducting strip searches in violation of policy [C — 120].” Robbins Aff. ¶ 6. In 2001, Jail Administrator Robbins wrote to local police chiefs notifying them that the Knox County Jail would no longer provide the service of strip searching misdemeanor arrestees on “the request of arresting officers (for the purpose of discovering evidence).” Plaintiffs’ Ex. 23. Further confirmation of the existence of a widespread practice is gleaned from Knox County Jail’s own intradepartmental memoranda. Two intradepartmental memoranda, the subjects of each described as “Strip Search Practice Interview” written after this case was filed in 2003, indicate that at least some corrections officers at the Knox County Jail believed that strip searching all detainees was the jail’s practice. Plaintiffs’ Ex. 20. Perhaps the most strongly corroborative evidence of the existence of this practice are the statements contained in the memoranda that were made by two corrections officers that they were told that, for security reasons, the policy that there must be reasonable suspicion to search misdemeanor detainees should be ignored. Plaintiffs’ Ex. 20. Those intradepartmental memoranda establish that in 2003 Corrections Officers Costigan and Daniello believed that they were to search all misdemeanor detainees. Plaintiffs’ Ex. 20. The record shows that from sometime in 1998 when she was hired, until the procedural changes adopted in February 2001, Corrections Officer Kenney understood that anyone, regardless of crime class was to be stripped searched if they were admitted to the general population. Plaintiffs’ Ex. 20. Finally, evidence of this unconstitutional practice can be easily verified from a review of the daily Intake/Release Log entries. That log establishes that based on a six-month sample during the relevant class period, Defendants strip searched at least seventeen persons charged with various Class E crimes without reasonable suspicion. Exhibit A of Ward Affidavit; Defendants’ Ex. 67. With respect to detainees charged with Class D OUI, Defendants admit that during these six sample months at least nine persons were strip searched without reasonable suspicion. Affidavit of Michelle Ward ¶¶ 21, 22; Exhibit B of Ward Affidavit; Defendants’ Ex. 68. With respect to miscellaneous Class D misdemeanor detainees, Defendants admit that during these six sample months at least six persons were strip searched without reasonable suspicion. Ward Aff. ¶ 16; Ex. C of Ward Aff.; Defendants’ Ex. 69. Based on the undisputed evidence presented in the summary judgment record, the record shows, without cavil, that the practice by corrections officers of strip searching misdemeanor detainees was so widespread that the policymaking officials of the municipality had constructive knowledge of it. Moreover, the Court concludes that Knox County personnel with policy-making authority had actual notice that the corrections officers were unlawfully strip searching misdemeanor detainees without reasonable suspicion. b. Defendants’ Failure to Take Corrective Action The Court is struck by the fact that even after the 2000 Jail Inspection Report clearly found that misdemeanor detainees were being routinely strip searched, there is no evidence that any official at Knox County made a clear or plain statement that this practice was to stop. Defendants assert that new procedures, created after the 2000 Jail Inspection Report was released, were intended to address the noted area of non-compliance regarding misdemeanor detainees. Those new procedures, however, are directed at misdemeanor detainees who had not been strip searched. The foundational information that apparently spawned the new procedures — no misdemeanor detainees shall be strip searched without reasonable suspicion — was omitted from the procedures. For example, the procedure for implementing Policy C-120 that became effective in May 2001, provided that detainees charged with misdemeanors “will be pat searched.” Defendants’ Ex. 49 (emphasis in original). The only mention of strip search is in a section dealing with metal detector alerts where the procedure states “[a]rticulable suspicion is justification for strip search.” Defendants’ Ex. 49. That overall procedure, however, does not make it clear to the corrections officers who had been strip searching all detainees, that the prior practice of strip searching misdemeanor detainees without reasonable suspicion must be stopped. Likewise, the Court finds that the “Daily Activity Schedule for Designated Housing for Pre-Arraignment Detainees Class D and E Section 128/cells 130, 131, and 132” and the “Management of Non-Search Inmates” provided direction to corrections officers regarding the treatment of detainees who had not been strip searched. The “Daily Activity Schedule for Designated Housing for Pre-Arraignment Detainees Class D and E Section 128/cells 130, 131, and 132,” like the procedure for implementing Policy C-120, specifically identifies cell assignments to be used for unsearched misdemeanor detainees. It states “Procedure for daily activities for all pre-arraignment detainees held in section 128, cells 130, 131 an 132. All detainees held in this section HAVE NOT been strip-searched; they will NOT have contact with each other for security reasons.” Defendants’ Ex. 50. From this statement it can be understood that if a detainee is housed in section 128 the detainee has not been searched. But it does not provide that, except if an officer has reasonable suspicion that the detainee is in possession of contraband and conducts a strip search of that detainee, all misdemeanor detainees shall be housed in section 128. The memorandum on “Management of Non-Search Inmates,” issued one year later, bears the same defect. Defendants’ Ex. 51.- Neither memorandum provides a clear statement directing corrections officers not to strip search misdemeanor detainees without reasonable suspicion. Defendants’ Exs. 50, 51. While Defendants provided corrections officers copies of revisions to policies and all newly promulgated procedures, the most basic statement, which Defendants assert motivated the creation of the new procedures for misdemeanor detainees, is curiously absent from all the documents establishing new procedures. As previously discussed, those procedures are directed at misdemeanor detainees who have not been searched and never clarify that, except if an officer has reasonable suspicion, no misdemeanor detainees shall be strip searched. Although there is evidence that after the new procedural changes regarding misdemeanor detainees were implemented one corrections officer may then have understood that they were not to strip search all misdemeanor detainees, Plaintiffs’ Ex. 20 (statement by Corrections Officer Kenney), this evidence alone is insufficient to refute the overwhelming evidence that the procedural changes were not effectively tailored and that the practice continued on a widespread basis. Plaintiffs’ Ex. 20 (Corrections Officers Costigan and Daniello “both indicated that they recalled a discussion several years ago in which the Voyer and D.O.C. policies were mentioned and that the decision was made by someone (unidentified) to disregard the applicable policy and standard and continue to search all inmates, regardless of crime class, if they were to be admitted to the general population.”) The record is not persuasive that the procedural memoranda, issued after the 2000 Jail Inspection and settlement of the Miller lawsuit, were directed at stopping the unconstitutional practice. Even though it failed to promulgate new written procedures to eliminate the unconstitutional practice, Knox County could have employed a training regime directed at correcting the unconstitutional practice. The record indicates that a “Entry Level Training” procedure, which was in place since 1995, requires that all new full-time corrections officers receive a copy of the Knox County Jail Policy and Procedure Manual and that a reference copy of the same be maintained in the booking area for all part-time employees. Defendants’ Ex. 47 (Policy A-131). Pursuant to that policy pre-assignment training shall be conducted for all new corrections officers. There is no separate category of training in Policy A-131 that specifically addresses strip searches. Sheriff Davey asserts, however, that the training conducted in the areas of “Knox County Jail Policies and Procedures, control of contraband, principles of body searches, and constitutional law” all “deal with, and provide training in, the area of strip searches.” Davey Aff. ¶ 6. There is evidence that around 1998 at least two corrections officers’ entry level training included, contrary to Knox County written policy, the direction to strip search all misdemeanor detainees admitted to the jail. Plaintiffs’ Ex. 20 (Corrections Officer Kenney and Corrections Officer Winslow). However, even if new officers’ initial training on strip searches was conducted in accord with the written policy,, such training was not aimed at stopping the corrections officers who were engaged in institutionally entrenched unconstitutional practice of strip searching all misdemeanor detainees brought to the Knox County Jg.il. The result was an ongoing practice that was far removed from the written policy. Other than the entry level training, there is meager evidence in the record that Knox County employed training to bring an end to this practice. A training session was conducted on May 1, 2, and 3, 2001, by Lieutenant Cathy Wyman the subject of which was “Procedures for Pre-Arraignment Class D and E Detainees.” Plaintiffs’ Ex. 22. The “Training Roster” provides the names of the corrections officers who attended the training sessions and their quiz scores, but does not indicate what subjects were covered or how long the training session lasted. The record also includes a memorandum from Lt. Wy-man to the staff of the Knox County Jail dated the day after the final training session was completed, the subject of which is “Helpful hints on D and E detainee procedures” and detailing “some of the issues that were brought forth during the training of the procedures.” Plaintiffs’ Ex. 22. Although the “hints” never explicitly state that misdemeanor detainees shall not be strip searched, the memorandum states that “[rjequest by other law enforcement agencies for us to do a strip search because they feel they have probable cause is a simple NO.” Plaintiffs’ Ex. 22. Lt. Wy-man’s training sessions were conducted just days before Jail Administrator Robbins new “Procedure for Policy C-120 Pre-Arraignment D & E Detainees” became effective and there is no evidence to suggest that it included any more information than, the new written procedure. Defendants’ Ex. 49 (effective May 4, 2001). The memorandum by Lt. Wyman, like the new procedure for Policy C-120 Pre-Ar-raignment D & E Detainees, fails to clarify for the corrections staff that no misdemeanor detainee shall be strip searched without reasonable suspicion. There is also evidence in the record that a two-hour training session was conducted for corrections officers at the Knox County Jail in February and March of 2002 on “Liability Issues in Corrections.” Plaintiffs’ Ex. 21. In addition to the names of the corrections officers who attended the training, the record contains a document which appears to be authored by the attorney who conducted the training. Plaintiffs’ Ex. 21. It is not known whether all the topics addressed in the document were actually discussed at the training sessions or if the document was distributed to corrections officers during the training sessions. For purposes of Plaintiffs’ Motion for Partial Summary Judgment, however, the Court will assume all topics in the document were discussed. One of those topics is “strip searches” and, the strongest guidance the document provides is “[ajlthough the use of the balancing test creates some uncertainty as to defining what the law is, it does appear that the general trend is that courts are identifying that it is unreasonable to conduct a strip search of a person arrested for traffic offenses or other minor offenses unless authorities have a reasonable suspicion that the arrestee is concealing weapons or contraband on their person.” Plaintiffs’ Ex. 21. This qualified statement leaves room to conclude that the practice of strip searching misdemeanor detainees may be lawful. It cannot, therefore, be understood as guidance directed at putting an end to a long-standing unconstitutional practice by Knox County. The record before the Court contains no evidence that any official from Knox County directed, by way of written policy or procedure, training, or other means, that the unconstitutional practice stop. It could be argued that the direction to stop strip searching all misdemeanor detainees was implicit in the new procedures and training. Given the strong evidence of the persistence of the unconstitutional practice even after the 2001 procedural changes, no reasonable person could conclude that the actions of Knox County were directed at stopping the practice. At some point, it must have been evident to Knox County officials that the corrections staff had not gotten the message. Yet, there is no evidence that, even after the 2000 Jail Inspection Report indicated that the practice of strip searching all misdemeanor detainees who were housed continued, Sheriff Davey or any other official from Knox County promulgated any procedures, conducted any training, or engaged in any closer oversight, directed at eliminating the unconstitutional misdemeanor search practices of the corrections officers at the Knox County Jail. c. Cause of the Constitutional Deprivations Plaintiffs have established that the practice of strip searching misdemeanor detainees without. reasonable suspicion that they were concealing contraband was the moving force behind constitutional deprivation of class members. This practice was widespread and not the result of the actions of a few uninformed corrections officers. Defendants have failed to put forth any evidence to the contrary that may have created a genuine issue of material fact. Plaintiffs’ have' established that corrections officers were following the unconstitutional practice of strip searching misdemeanor detainees when their rights were violated. An affirmative link between Knox County’s failure to take action to stop the unconstitutional practice of its corrections officers’ and the violation of the constitutional rights of Plaintiffs arrested on misdemeanor charges has been established. The Court will, therefore, grant Plaintiffs’ Motion for Partial Summary Judgment against Knox County on that part of Count I as to liability alleging that Plaintiffs’ constitutional rights were violated as a result of the custom and practice of strip searching all misdemeanor detainees without reasonable suspicion. 3. Failure to Train Corrections’ Officers Another category of section 19