City of Diamond reaches settlement with Neosho man forced by police to drop his pants on a public street

The City of Diamond and a Neosho man who sued the city after police officers allegedly forced him to submit to a public strip search have reached a settlement.

The judge was informed of the settlement during a hearing held today in U. S. District Court in Springfield, but court records included no mention of any amount of money.

Under the terms of the agreement, Sean Gray agrees to dismiss his claims and the city will not file any future claims against Gray or attempt to seek attorney fees or costs.

The formal agreement will be provided to the court at a later date.

In his petition, Gray claimed R. J. Smith, who was a probationary Diamond Police Department officer at the time stopped him for speeding November 20, 2012, then searched his vehicle and conducted the strip search at 1:20 p.m. at Ellison Street and N. Washington.

After the search turned up no evidence of drugs, Gray says, Police Chief Michael Jones told him he was "a f---ing disappointment," adding that he must have tossed the drugs out the window.

From the petition:

On or around November 20, 2012 and approximately four months after defendant Smith was approved for hire as a part-time, probationary, reserve police officer for defendant Diamond, plaintiff was pulled over by defendant Smith for allegedly exceeding the speed limit at the intersection of public streets and public places Ellison Street and N. Washington Street in Diamond, Missouri at or around 1:20 pm. He had no outstanding warrants for his arrest at the time of the stop.

During the traffic stop, defendant Smith began search the plaintiff’s vehicle, without a warrant, without arresting the plaintiff and without the plaintiff’s permission, express or implied, and/or without any justification. 

Defendant Smith searched plaintiff’s vehicle without any sense of urgency or fear and nothing about his conduct indicates the situation presented any imminent threat to his safety. Defendant Smith damaged property in the plaintiff’s vehicle during the search and lost his sunglasses in the process.

Defendant Smith failed to locate any weapons, drugs or illicit contraband. At or about this time, defendant Smith also ordered plaintiff out of his vehicle without any justifiable cause and onto the public streets in plain view of other persons and/or motorists.

Defendant Smith thoroughly searched plaintiff’s person, including pulling up plaintiff’s foot and ankle to inspect his sock and/or shoe area while defendant Jones looked on and laughed. Defendant Smith failed to locate any weapons, drugs or illicit contraband on plaintiff’s person.