Judge denies immunity for Washington, DC police who refused to cover topless woman for hours

Police hours long maintained exposure of ptf’s breasts stated 4A seizure claim that was clearly establishedDirect link to 14 page pdf of the rulingTl;dr:Police arrested a woman whose shirt was ripped during a fight at a night club. They cuffed and kept her at the scene with her breasts exposed. First in full view of a gathering crowd on the sidewalk, then in the back of a cruiser. They refused to cover her or take a jacket from her friend who offered it repeatedly.She remained exposed to her cellmate as well as other officers at the station. After several hours and repeated requests from Spencer’s friend, the officers allowed Spencer to put on a jacket.Police argued no duty to cover her because they didn't rip the shirt. They point to Los Angeles County v. Rettele where, during a wrong door raid, a couple were roused out of bed and forced to stand naked at gunpoint for a few minutes until allowed to dress.The judge ruled defendants’ argument misses the mark.First, it begins from a faulty premise. An officer’s general duty to assist an arrestee experiencing harm can arise even where the officer was not the source of the harm.He noted that the case cited by police doesn't mean what they thought it did and actually validates the woman's claim:The Court focused on how long the plaintiffs were made to remain exposed after the officers had secured the scene, not on why they were undressed to begin with. Rettele thus confirms that police violate the Fourth Amendment when they force a detainee to remain unclothed and exposed for longer than necessary to achieve a legitimate law enforcement purpose.