DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
053492P.pdf 10/18/2006 Alex Sylvester v. Doug Fogley
U.S. Court of Appeals Case No: 05-3492
Western District of Arkansas
[PUBLISHED] [Bowman, Author, with Loken, Chief Judge, and Bye,
Circuit Judge]
Civil case - civil rights. Arkansas State Police did not violate
plaintiff's constitutional rights to privacy by investigating an
allegation that he had sexual relations with a crime victim during
the course of the underlying criminal investigation; applying the
strict scrutiny test to the State Police's investigation, the State
Police has a compelling interest in investigating whether a criminal
investigator has had sexual relations with victims and witnesses as
such activities endanger the public trust in the police activities,
affect the fair and unbiased administration of justice and could lead
to the improper use of police authority to exploit crime victims; the
investigation was narrowly tailored to serve the state's compelling
interest in administering a fair and unbiased criminal justice system.
Chief Judge Loken concurring in the result only.