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No Immunity for Eighth Amendment Violation in Rectal Search
Loaded on April 15, 1997
published in Prison Legal News
April, 1997, page 14
The court of appeals for the ninth circuit reversed a jury verdict which had found prison officials had violated a prisoner's eighth amendment rights during a rectal search but that they were entitled to qualified immunity for doing so. The court held these findings were inconsistent and reversed and remanded …
Filed under:
Searches,
Body Cavity Searches,
Eighth Amendment,
Juries,
Qualified Immunity.
Location:
Arizona.
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More from this issue:
- US Supreme Court: Florida Gain Time Statute Violates Ex Post Facto, by Paul Wright
- California EFV Injunction Reversed
- California Slashes Family Visits, by Willie Wisely
- From the Editor, by Paul Wright
- Law's Nature, by Mumia Abu-Jamal
- A Matter of Fact
- PLRA Consent Decree Termination Provision Unconstitutional
- Reversal of Frivolous Dismissal Voids PLRA Strike
- PLRA Applied to Attorney Fees
- Prisoners Retain Right to Safety
- Philadelphia Fined for Degrading City Prisons
- Racial Violence in California Lockups, by Willie Wisely
- Florida Private Prison Criticized, by Dan Pens
- Impregnated Arkansas Prisoner Wins Suit
- No Double Jeopardy in Massachusetts Disciplinary Hearings
- Inadequate Jail Staffing Violates Due Process
- Ohio Jail Construction Corruption?
- No Immunity for Eighth Amendment Violation in Rectal Search
- Beating and Strip Cell Require Trial
- Farmer Remanded Again, for Discovery
- Connecticut Supreme Court Upholds Phone and Mail Restrictions
- Drug Sales Boom in Wisconsin Prisons
- Virginia Felons Disenfranchised
- A Native American Resource
- Ex-Sheriff Sex Offender Retains Pension
- FJC Prisoner Litigation Guide
- Louisiana Jail Abuse Settlement
- Texas Lawyers Unhappy About Conscription
- ABA Calls for Halt to Executions
- CBCC Associate Superintendent Resigns
- Copying Claims Not Barred by Res Judicata
- News in Brief
- Double Celling States Eighth Amendment Claim
- Seventh Circuit Analyzes RFRA
More from these topics:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026. Failure to Treat, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- Three Prisoners Killed in Fight at Georgia Prison, Feb. 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Eighth Amendment, Staffing.

