A local doctor who was ensnared in a sex sting conducted by an off duty police officer at the National Institute for Fitness and Sports (
NIFS) is suing the City of Indianapolis, the police officer and
NIFS in U.S. federal district court for the Southern District of Indiana for false arrest, invasion of privacy and violating his constitutional right to be free from unreasonable
seaches and seizures (Cause No. 1:08-CV-0002-
DFH-
JMS). The suit stems from the physician's arrest on January 9, 2006 at
NIFS, where he was a member, by an Indianapolis police officer, Joshua
Shaugnessy.
Shaughnessy arrested the physician for public indecency. The physician pleaded not guilty to the offense, and Marion Superior Court Judge Barbara Collins directed a verdict in favor of the physician after concluding the state's evidence against the physician was insufficient to support a finding of guilt.
According to the suit,
NIFS employed the services of
Shaughnessy as an undercover security officer to combat alleged sexual activity which was taking place in the men's shower rooms and other areas within
NIFS with the cooperation of the Indianapolis police department. The suit claims that a manager at
NIFS, Jerry Taylor, profiled certain
NIFS patrons as suspicious (i.e, they were suspected of being gay) and had
Shaughnessy focus his undercover efforts on these suspicious patrons. To nab the suspects, the suit alleges that
Shaughnessy essentially engaged in voyeurism. "Joshua
Shaugnessy's investigative techniques while working at the
NIFS facility included peering into shower stalls while men showered, without the advance knowledge or consent of the men showing," the suit reads. It alleges that
Shaughnessy "had neither probable cause nor reasonable
suspicion to believe that the occupants of the shower stalls were associated with criminal activity." Numerous male patrons of
NIFS were arrested by
Shaughnessy for public indecency using this technique but were later acquitted of the crime.
In the physician's case,
Shaughnessy claimed to have observed him "exposing his genitals and touching his genitals in a shower stall inside the shower room of the
NIFS facility on January 9, 2006." The physician complains that
Shaughnessy "looked repeatedly into a shower stall he occupied" without his advance knowledge or consent. After he finished his shower,
Shaughnessy placed the physician in physical custody, handcuffed him and placed him in an area of the facility where he could be observed by other patrons. The physician's suit complains that Indianapolis police on two separate occasions arrested him and took him into physical custody for the prosecution of this single charge of public indecency. The physician complains that he has suffered financial harm, mental distress and damage to his reputation and career.
When I first read about these arrests at
NIFS as a result of this sex sting, I assumed the
arrestees were engaging in inappropriate acts in view of other patrons. As it turns out, the
arrestees were actually in individual shower stalls. If the complaint describes his investigative technique accurately, he had to snoop on patrons while they were alone in a shower stall to observe their actions. Is it possible to take a shower without exposing your genitals or touching them? I'm curious what the undercover police officer would have done if he had been met by a blow to the face while peering into the shower stall of one of these patrons. Would it have been assault on a police officer or self defense?