Tuesday, December 29, 2009

Waitress sues over alleged strip search

By Kimball Perry • December 28, 2009

A waitress who alleges she was accused of being a thief and strip-searched by her boss has sued.

Angie Carter filed the suit Monday in Hamilton County Common Pleas Court against her boss, Lucy Gabbard, and Lucy's Diner.

Carter alleges she was a waitress at the Reading Road restaurant Sept. 20 when Gabbard accused her of stealing between $100-$150. Carter denied it and allowed Gabbard to go through her purse, pockets and apron and, when no money was found, insisted Gabbard call police.

Instead, the suit alleges, Gabbard demanded Carter accompany her to the bathroom where Gabbard insisted Carter raise her bra to see if money was hidden there.

"(Carter) was humiliated and didn't want to expose herself this way, but Defendant Lucy angrily insisted, telling (Carter) that she would lose her job if she refused," the suit alleges.

Gabbard also told Carter to unbutton her pants and belt and take her shoes off, according to the suit.

Finding nothing, Gabbard went back to the cash register to again count the till. She insisted Carter stole money, the suit alleges.

Carter again asked that police be called. Gabbard refused, instead taking Carter to the bathroom again when she instructed Carter to strip naked.

That's when, the suit alleges, Gabbard lifted Carter's breasts to check for money.

"Defendant Lucy then squatted down and moved (Carter's) legs apart with her hands and closely examined her private parts between her legs and looked closely at her posterior," the suit notes.

She found no money.

Carter once again insisted that police be called. When they arrived they didn't charge her. Two days later, Carter was fired resulting, the suit alleges, in her losing all of her belongings and becoming homeless.

Carter's suit seeks in excess of $25,000, alleging defamation, civil assault, invasion of privacy and infliction of emotional distress. It also accuses the restaurant, which was supposed to pay her $4 per hour plus tips, of never paying her a salary.

Neither Gabbard nor the restaurant could be reached for comment.

From: http://news.cincinnati.com/article/20091228/NEWS01/912290312/1055/NEWS/Waitress+sues+over+alleged+strip+search

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