In the land of the free, taking ten minutes in a store to buy muffins is akin to robbing a bank or selling heroin. At least that’s the way it played out when Holly Curry ran inside the Cobbler’s Cafe to buy her six children some muffins for breakfast and came out ten minutes later to find two cops waiting for her. This visit from police would end with all six of those kids being stripped naked by police and a family’s rights being severely violated. The good news is that in an extremely rare move, the cops who strip-searched children and threatened their mother were just denied qualified immunity.
As Reason reports this week, Curry sued the cop and the caseworker, insisting that the day she was investigated for child abuse, the two authorities so overstepped their bounds that they should not be afforded qualified immunity. In other words, their behavior was so egregious, they had to take responsibility for it. The judge agreed.
As we reported at the time, it was 67 degrees that day on March 30, 2017, so Curry — who was on her way to bring her 5-year-old to karate practice — thought it would be easier to leave the kids in the car than bring all of them into the Cafe. Statistically speaking, leaving the kids in the car is far safer than herding them through a busy parking lot. However, the police didn’t care about statistics.
When Curry came out, the officers told her she was being detained. Curry began to cry as the cops began questioning her and she asked if she could call her husband, Josiah. However, the officers refused to allow her. Also, the cops couldn’t have cared less about the kids being in the car, as they never mentioned them, and the kids stayed in the car the entire time.
The officer informed Curry that they were not charging her with a crime, but noted that they were going to file a “JC3 form” which is a hotline-type alert to the Kentucky child protection system.
The very next day, a CPS agent showed up at the Curry’s home. But Curry stood her ground and asked if the agent had a warrant. CPS did not have a warrant and the agent left. However, Curry’s brief rights-flexing victory lasted only about an hour.