UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ___________________________

August Term, 2022

(Argued: March 14, 2023 Decided: September 21, 2023)

Docket No. 21-2998-cv ___________________________

CHRISTOPHER M. MURPHY, Plaintiff-Appellant,

v.

ANDREW C. HUGHSON, FRANK B. HILLMAN, DANIEL HOWE, GLENN GUNDERMAN, WILLIAM WASHBURN, JOSEPH SPENCER, CORRECTIONAL OFFICER DAVID STRONG, Defendants-Appellees, COUNTY OF CHEMUNG, CITY OF ELMIRA, JOHN DOE, BEING INDIVIDUALS NUMBER 1- 5, EMPLOYED AS POLICE OFFICERS BY THE CITY OF ELMIRA, AND SHERIFFS BY THE COUNTY SHERIFF'S DEPARTMENT, WHOSE ACTUAL NAMES AND IDENTITIES ARE UNKNOWN AT THIS TIME, Defendants. ___________________________

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK ___________________________

Before: LEVAL, CHIN, and PÉREZ, Circuit Judges.

___________________________ Appeal from a judgment of the United States District Court for the Western District of New York (Frank P. Geraci, Jr., Judge) dismissing plaintiff- appellant's amended complaint asserting that his civil rights were violated when (1) he was subjected to a strip search upon his admission to the Chemung County Jail as a misdemeanor arrestee, and (2) his release was delayed following the posting of his bail. The district court granted summary judgment in favor of defendants-appellees, holding that (1) the search was constitutional and the searching officer was entitled to qualified immunity, and (2) the two-hour delay in plaintiff-appellant's release did not rise to the level of a constitutional violation.

AFFIRMED IN PART, VACATED IN PART, AND REMANDED. ___________________________

CHRISTOPHER M. MURPHY, pro se, Bath, NY.

KAYLA A. ARIAS (Paul Andrew Sanders, on the brief), Barclay Damon LLP, Rochester, NY, for Defendants-Appellees. ___________________________ CHIN, Circuit Judge.

On June 5, 2014, plaintiff-appellant Christopher Murphy was sitting on a bus when police officers boarded the bus, removed him, and arrested him on a misdemeanor bench warrant. Murphy, then 67 years old, was a resident of

2 the City of Elmira (the "City"), in Chemung County (the "County"), New York. Murphy was taken to the County Jail, where an officer subjected him to a visual body cavity strip search. In addition, although Murphy's girlfriend promptly posted his bail, his release was delayed about two hours.

Murphy sued the County, the City, and officers in the County Sheriff's Department and City Police Department in the Western District of New York pursuant to 42 U.S.C. § 1983, claiming that the strip search and the delay in his release violated his constitutional rights. The district court (Geraci, J.) dismissed the claims against the City and County at the outset of the case and eventually granted summary judgment dismissing the claims against the individual defendants as well, holding that (1) the search was constitutional and the searching officer was entitled to qualified immunity, and (2) the two-hour delay in his release did not rise to the level of a constitutional violation. Murphy appeals the dismissal of the claims agai