A judge has dismissed a convicted bank robber’s lawsuit against five Key West police officers he said strip-searched him twice after his arrest.
Timothy Homrighausen, 57, who filed the claim in October 2014, is serving time at a federal prison in Sumterville, Fla., for robbing a Bank of America in Key West in 2012 and another bank job in Cocoa Beach the year before. His release date is June 4, 2020.
Homrighausen, who handled his own case without an attorney, didn’t show enough evidence for the case to proceed, the court ruled.
“This case is closed and any pending motions are denied as moot,” wrote U.S. District Court Judge Jose Martinez in a May 26 filing.
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Martinez agreed to adopt the recommendations and findings of Magistrate Judge Patrick A. White, who in April sided with the police officers and didn’t release his own opinion. White signed off on the closed case Tuesday.
On Oct. 21, 2014, Homrighausen entered the Bank of America, 3200 Flagler Ave., and handed a teller a note that read, “This is a robbery and not a joke,” leaving with $5,356 in cash.
He used a bicycle as a getaway vehicle and wound up in a scruffy Truman Avenue bar, where police easily tracked him down.
Two years later, he sued police saying they humiliated him with two strip searches, one allegedly in the bar’s men’s room and the other at police headquarters, where he added a female officer circled him while “ogling” him as he stood naked.
Homrighausen sued officers David Smith, Diane Lipinski, Kevin O’Connell, Matthew Haley and Todd Stevens, but never received a trial date.
Key West police policy forbids officers from conducting strip searches of suspects. That is done at the Monroe County Sheriff’s Office detention center on Stock Island.
Homrighausen claimed he was harmed emotionally and harassed sexually, but the court found he hadn’t any physical evidence to back up his story.
“Nobody put their hands on him during this incident and he did not receive any cuts or bruises but felt ‘very nervous,’ ‘frightened’ and ‘frozen,’ ” White wrote in April, quoting from court records. “He did not ask for medical care after the incident.”
Homrighausen originally sued the officers plus the city, police department, Chief Donie Lee and a Key West pawn shop owner in a handwritten complaint accusing officers of also stealing $27,000 worth of his belongings, ranging from rings and bracelets to cash.
All but the five officers were freed from the lawsuit by a January 2015 court ruling.