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Prison Visitors Have Fourth Amendment Right to Refuse Strip Search and Option to Leave Prison
Loaded on Dec. 1, 2021
published in Prison Legal News
December, 2021, page 48
The Ninth Circuit Court of Appeals held that a strip search of a prison visitor without first giving them the option of the leaving the prison was unreasonable under the Fourth Amendment. The court, however, granted the defendants qualified immunity because that right was not clearly established at the time ...
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More from this issue:
- Environmental Indifference, by Anthony Moffa
- From the Editor, by Paul Wright
- $15,379,091 Judgment Entered Against Delaware DOC’s Former Health Care Provider for Narcotics and Medicare Fraud, by Chuck Sharman
- Report Highlights Force Feeding of Hunger Striking Asylum Seekers by ICE and GEO, by Edward Lyon
- Fourth Circuit Holds CoreCivic Immigration Detainees in New Mexico Not “Employees” Under FLSA
- San Luis Obispo County Jail Conditions Violate Eighth and Fourteenth Amendments, by Keith Sanders
- Federal Jury Orders GEO Group to Pay $23 Million for Immigrant Detainee Slave Labor in Washington
- How Trump Made a Tiny Christian College the Nation’s Biggest Prison Educator, by Eli Hager
- BOP Trust Fund Accounts Reportedly Shield Prisoners from Payment Obligations, by Dale Chappell
- $53 Million Settlement in Los Angeles Jail Strip Search Lawsuit Approved, by David Reutter
- Disenfranchisement the Old Fashioned Way, by Jayson Hawkins
- Whistleblower Alleges Hawaii Prison Officials Provided False Audit Data, by Kevin Dayton
- HRDC Sues Lincoln County Wisconsin Jail over Censorship Practices
- Ninth Circuit: Pretrial Detainees Have Right to Direct-View Safety Checks, by David Reutter
- Federal Prisons’ Switch to Scanning Mail Is a Surveillance Nightmare, by Lauren Gill
- Eleventh Circuit: Preliminary Injunctions Have 90-Day Limit Under PLRA; Permanent Injunction Required to Extend Relief, by David Reutter
- Pennsylvania Supreme Court: Illegal Juvenile LWOP Sentence Undermined Validity of Later Conviction, by Douglas Ankney
- Eighth Circuit Rules District Court Must Use Federal Law for Admissibility of Expert Testimony, by Douglas Ankney
- Too Many In-Custody Deaths of BOP Prisoners are Unnecessary and Preventable, by Casey Bastian
- California Supreme Court: Prisoners Cannot Legally Possess Cannabis, by Casey Bastian
- Public Records Suit Filed Against Florida DOC To Obtain Formula Used To Compute Sentences
- History Professor Fired After Criticizing University’s Racist Past and Pro-Prison Present, by Keith Sanders
- Prison Visitors Have Fourth Amendment Right to Refuse Strip Search and Option to Leave Prison
- Unreliable Drug Tests Standard for Law Enforcement and Prisons, by Keith Sanders
- Massachusetts Prisons Pledge to End Solitary, by Jayson Hawkins
- Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA
- $405,794 Paid by California Prison System for Prisoner Killed by Aryan Brotherhood Cellmate
- Pennsylvania Supreme Court Upholds Sanctions and Award of $118,458 in Attorney Fees Against DOC for Withholding Documents Requested Under Right-to-Know Law
- Texas County Jail Cited for Neglecting the Needs of a Pregnant Prisoner, by Keith Sanders
- $170,000 Settlement and New Policy on Gender Identity from Lawsuit Against New Jersey DOC, by Jayson Hawkins
- Salvation Army Sued for a Failing to Pay Wages to Drug Program Participants
- Sherburne County, MN, Settles with HRDC for $98,000 Plus New Jail Publications Policy, by Chuck Sharman
- New Jersey Women’s Prison to Close After Latest Abuse Debacle, by Jayson Hawkins
- Eighth Circuit Holds Arkansas Jailers Entitled to Qualified Immunity in Prisoners’ Suit Over Black Mold in Showers, Lack of Cleaning Supplies, by Matthew Clarke
- ABA’s Private Prisons Prophecy Comes to Pass, by Edward Lyon
- Michigan Prisoner’s Corizon Suit Dismissed Due to “Morass of Irrelevancies”, by David Reutter
- Seven Ohio Guards Fired After Killing Prisoner, No Criminal Charges
- Third Circuit: Gratuitous Use of Force on Prisoner Negates Qualified Immunity Defense, by David Reutter
- Delaware Mother Jailed for Not Paying $177 in Fines, Dies in Custody, Nurse Convicted, by Jayson Hawkins
- Forty-One Oregon Prisoner Firefighters have Sentences Commuted
- News in Brief
More from these topics:
- Georgia Fights Liability for Strip-Searching Prison Visitor, Nevada Pays $126,500, May 1, 2025. Visitor Searches, Settlements, Searches - Body/Strip.
- Illinois Pays $3 Million for Subjecting Prisoners to Degrading Mass Strip Search, Oct. 15, 2024. Harassment by Police, Strip Searches, Settlements.
- Baton Rouge Cops Indicted for Violent In-Custody Strip-Search, Sept. 15, 2024. Strip Searches, Guard Brutality/Beatings.
- California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity, Aug. 1, 2024. Fourth Amendment, rights, Suspicionless Searches.
- Seventh Circuit Finds No Problem With Surveillance of Chicago Detainees on Toilets, July 1, 2024. Jail Misconduct, Strip Searches, Electronic Surveillance.
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024. Corrections Corporation of America/CoreCivic, Strip Searches, Employee Litigation.
- Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy, Feb. 15, 2024. Police Misconduct, Excessive Force (Police), Fourth Amendment, rights, Police/Govt Misconduct, Monell Liability, Fourth Amendment.
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024. Staff-Prisoner Assault, Jail Misconduct, Strip Searches, Qualified Immunity, Immunity - Absolute and Qualified, Searches - Body/Strip, Immunity, Non-Consensual.
- Connecticut Lawmakers Punt on Limiting Prison Strip Searches, Nov. 15, 2023. Strip Searches, Body Cavity Searches, Pat Searches, Search and Seizure.
- Court Orders Preliminary Injunctive Relief for Transgender Massachusetts Prisoners, Oct. 15, 2023. Strip Searches, Videotaping, Failure to Protect (Transgender).