State police settle federal lawsuit over strip search of Bentleyville woman
Full body search performed along I-70 interchange near Washington
Observer-Reporter file photo
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State police have settled a federal lawsuit filed by a Bentleyville woman who claimed she was subjected to an invasive strip search following a routine traffic stop along Interstate 70 in Washington County nearly three years ago.
Holly Elish had accused state police Trooper Brian Rousseau of ordering her to undergo the strip search by North Strabane police Sgt. Abigail France on the side of an interstate exit near Washington after Rousseau stopped her vehicle on May 27, 2021.
Elish’s attorney, Alec Wright, filed the lawsuit in federal court in Pittsburgh in November 2021 against both Rousseau and France, and the trial had been rescheduled multiple times. Court documents showed the settlement was finalized by the parties Feb. 13 following a court order by Senior U.S. District Judge Joy Flowers Conti, less than three weeks before the civil trial once again was scheduled to begin.
Details of the settlement and the compensation Elish will receive were not immediately released, although the Observer-Reporter on Monday filed a formal request with state police asking the agency to release information related to the agreement. A state police spokesman said the department’s attorneys were in the process of reviewing the newspaper’s request.
Neither Wright nor lawyers with the state Attorney General’s office, which represented Rousseau and France in the civil case, returned phone calls seeking comment Monday. North Strabane Township Manager Andrew Walz said the municipality was aware the lawsuit had been settled, but the municipality was not involved in any capacity of the case since state police and the Attorney General’s office were handling the defense.
The lawsuit accused Rousseau of following Elish’s vehicle for several miles on I-70 before initiating the traffic stop over a “minor traffic violation,” and then demanding that police be able to search her car. After finding nothing, he later required Elish to undergo a full body search by France, who was called to the traffic stop in order to perform a “pat-down” and strip search. Elish was ordered to remove her pants and underwear so police could perform the more invasive search.
“I’m sorry. This is the worst part of my job,” France apparently told Elish, according to the lawsuit. “Do you know why they want me to do this?”
France then stopped the search when she felt uncomfortable about why she was called to the scene to help.
Elish eventually received a traffic citation for driving 5 mph over the 55 mph speed limit, but Rousseau did not show up for her hearing in July 2021, so District Judge Michael Manfredi found Elish not guilty and dismissed the case.
The lawsuit contends that police did not have a warrant to perform a strip search on Elish along the side of the highway. It also claims Elish faced humiliation and mental anguish, among other issues, and accuses the police officers of violating her Fourth Amendment rights by illegally detaining her and searching her vehicle and body. The lawsuit requested unspecified compensation and legal fees.