CA10: Taking ptf nude through a hospital for treatment when in custody stated a claim

Plaintiff’s being paraded nude into a hospital for treatment when in custody stated a claim, and the officers get no qualified immunity. “Plaintiff’s claim … that he was mistreated while in state custody … may be challenged under the Fourth Amendment, Eighth Amendment, or Fourteenth Amendment.” Colbruno v. Kessler, 2019 U.S. App. LEXIS 19768 (10th Cir. July 2, 2019):

The essence of Plaintiff’s claim is that he was mistreated while in state custody. Alleged mistreatment of this type may be challenged under the Fourth Amendment, Eighth Amendment, or Fourteenth Amendment. The Fourth Amendment prohibits “unreasonable searches and seizures.” U.S. Const. amend. IV. Even one who has been properly searched or seized by police authorities (say, arrested on probable cause), can claim that the search or seizure was unreasonable because of unreasonable treatment by officers in effecting the search or seizure. Typically, the mistreatment has been the use of excessive force; but “the interests protected by the Fourth Amendment are not confined to the right to be secure against physical harm; they include liberty, property and privacy interests—a person’s sense of security and individual dignity.” Holland ex rel. Overdorff v. Harrington, 268 F.3d 1179, 1195 (10th Cir. 2001) (internal quotation marks omitted) (abusive conduct of SWAT team while holding residents at gunpoint during execution of search and arrest warrants).