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In the latest episode in a twisting and grotesque teen sexting case, an appeals court has reversed a lower court’s ruling related to the case a 17-year-old boy who was asked to strip, then masturbate in front of police officers in Virginia. A district court previously ruled that the estate of the lead detective, who died in 2015, could not be sued for violating the boy’s Fourth Amendment rights. The lawsuit can now move forward.
In 2014, then-17-year-old Trey Sims was being investigated for exchanging naked photos with his then-15-year-old girlfriend. The girl’s mother tipped off the police to investigate Sims, who was arrested for child pornography because of the girl’s age. While in police custody, Sims was surrounded by officers and Detective David Abbott told him to strip and masturbate in execution of a search warrant obtained in the case. The officers sought to take pictures of the boy’s erect penis to compare them to ones they had recovered from the girl’s phone.
Court documents say Sims “unsuccessfully attempted to comply with” the request and Abbot took pictures of the boy’s flaccid penis with his cellphone. Later, Abbott told Sims that if he did not achieve an erection for the detective to photograph, he would be taken to a hospital and given an “erection-producing injection.” Ultimately, none of the photos were used in the case against Sims, who received a one-year suspended sentence with the charge against him dismissed after he completed probation.
Disturbingly, Detective David Abbott, the lead investigator named in Sims’ suit, committed suicide in 2015 . Police arrived at Abbott’s home to arrest him in connection with lewd text messages which he’d sent to two 13-year-old boys. According to The Washington Post , police said Abbott had been asking one boy for sex acts “for more than two years.” After a four-hour standoff, Abbott exited the house and shot himself.
In 2016, Sims filed a suit against Abbot’s estate arguing the request violated his Fourth Amendment rights, which protect against unlawful search and seizure. A lower court initially ruled that Abbott was protected by qualified immunity, which shields public officials from liability when their actions do not violate “clearly established” rights. The appeals court found in Sims’ favor on Tuesday, saying the violation of his rights was “obvious.”
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“We cannot perceive any circumstance that would justify a police search requiring an individual to masturbate in the presence of others,” wrote the court in its decision.
The appeals court, however, did not to reverse a previous decision on the other claim in Sims’ suit. Sims argued that, because of his age, the photos taken of him were child pornography and he sought damages as a victim. Neither court found in his favor. Sims’ suit will now be heard in a district court.

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A lawsuit filed Tuesday in Clackamas County Circuit Court accuses a 21-year-old neighbor of repeatedly sneaking into an apartment and, in one instance, masturbating on a 14-year-old boy's clothes.
The family of a 14-year-old Canby boy has filed a $250,000 lawsuit against a 21-year-old neighbor for allegedly sneaking into its apartment without permission and masturbating on the teenager’s clothes.
The lawsuit says a family member noticed items moved around the home she shared with the boy and that some of her pain medications were missing.
The family set up home surveillance cameras and three times saw the 21-year-old neighbor inside in recent months, the suit states. In December, the family “caught” the neighbor in the apartment and called police, the suit says. The 21-year-old ultimately admitted to police that he masturbated in the teenager’s room and on his clothes, the suit says.
The 21-year-old lives with his mother, who is the landlord of the apartment complex and has keys to all of the units, the suit states.
He is “fascinated” with the 14-year-old and has been spotted following the teen and “hiding behind trees and watching” the teen, the suit claims. The teen isn’t allowed to leave home alone, the suit says.
The family hired Canby attorney Ryan Adams to file the lawsuit and seek a temporary restraining order against the 21-year-old. Adams said a judge granted the order Tuesday, and the neighbor has been told he must move out. He’ll have a chance to contest the order later this month if he chooses, Adams said.
The Oregonian/OregonLive isn’t naming the 21-year-old because he hasn’t been charged with any crimes. The lawsuit says police in the 17,800-population city have investigated the allegations.
Canby Police Chief Bret Smith declined comment Wednesday, saying his office has sent the case to the Clackamas County District Attorney’s Office for review. Chief Deputy District Attorney Chris Owen said his office expects to review the case in the near future.
The lawsuit seeks $250,000 from the 21-year-old for the emotional distress of the family.
The suit also seeks another $10,800 from the apartment’s landlord and owners for alleged uninhabitable living conditions, including a leaking sink and bad bathroom fan that has resulted in mold growth. For those claims, the suit faults landlord Michelle Arakawa and James and Karen Rinella, co-trustees of the Rinella Family Trust, which owns the apartments.
Arakawa declined comment. The Rinellas couldn’t be reached for comment.
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