The Cole County Jail's laundry policy didn't violate inmates' constitutional rights, the U.S. 8th Circuit Court of Appeals ruled Monday, in a split, 4-4 decision.
"(The) ruling by a divided court shows just how difficult it is for judges to sit in review of policy decisions by jail officials," Jefferson City lawyer Michael Berry said in a news release announcing the court's decision.
Berry represented Cole County government, now-Sheriff John Wheeler (who was chief deputy when the lawsuit began) and former Sheriff Greg White in the case.
"Missouri sheriffs are required by state law to run a county jail system," Berry said, "and (they are) required by state and federal law to provide things like laundry services for the inmates which they must house.
"But no law assures that Missouri sheriffs get all the necessary resources - they must strike a balance, and the (federal) Court's decision recognizes that fact, even if it does not say so directly."
While the decision was made on a split vote, Berry added, it "was unanimous in finding no personal liability on the parts of Sheriff John Wheeler and former Sheriff Greg White."
The case began in July 2015, with a 16-page lawsuit on behalf of current and former jail inmates, complaining the laundry policies required them to be naked for hours at a time while the laundry staff cleaned the clothes during overnight hours - every two to three days for men and every four days for women.
The original lawsuit said the jail's policy limited each inmate or detainee to having "one pair of socks, underwear, undershirt, outer shirt, pants and shoes," with female detainees also given a bra.
"Each detainee must surrender these items if they want them to be laundered and then must remain naked in their jail cell while the clothing is being laundered," the lawsuit said, also arguing detainees "were provided only one bed sheet and one blanket (which) are not laundered and replaced at reasonable nor regular intervals."
Berry noted Tuesday that jail inmates were always "permitted to purchase additional sets of underclothing or thermal underwear - which many did, including individuals involved in this suit. For those who did not have funds on hand, or who chose to spend (their funds) otherwise, the jail permitted inmates to turn in outer clothing and under clothing for laundry at separate times.
"The inmates also were provided blankets."
U.S. District Judge Nanette Laughrey never heard arguments in the case, dismissing it in September 2015 with a ruling that the inmates "failed to state a claim under the Eighth and Fourteenth Amendments or corresponding provisions of the Missouri Constitution."
She also gave no credence to a complaint in the suit that their conditions were "outlawed by the Geneva Convention relative to the Treatment of Prisoners of War."
A three-judge panel of the federal appeals court ruled Jan. 17, 2017, that Laughrey should hear arguments in the case - but the full appeals court agreed in April 2017 to hear the case, setting aside the three-judge panel's decision.
In its January 2017 ruling ordering Laughrey to hear the case, the three-judge federal appeals court panel also noted the lawsuit's complaint that the jail "cells have windows that, per jail policy, may not be covered. So during (the laundry) time, jail guards and cellmates may see the detainees unclothed if not concealed by their bedding."
And, the three judges had found: "Sometimes male guards return clothes to female detainees and female guards return clothes to male detainees."
Laughrey had ruled the original lawsuit had "alleged 'no more than minimal deprivation' (and) detainees are sleeping in the nude, not going about their activities during the waking part of the day in the nude."
However, the three-judge panel ruled in January 2017 that the jail's policies created more than a minimal deprivation, and the county did not show it was "reasonably related to a legitimate governmental purpose."
This week's ruling upheld Laughrey's original finding, Berry said, "that the complaint filed by the (original) plaintiffs did not state facts from which to find a violation of their constitutional rights by Cole County and its law enforcement officials."