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Article • May 15, 2007
TX Jail Liable for Strip Searches by The court of appeals for the Fifth circuit affirmed an injunction, damage and attorney fee awards against the Lubbock county jail. Two women were arrested on misdemeanor charges and when brought to the Lubbock jail they were strip searched. The jail policy was …
Article • May 15, 2007
NE Jail Liable for Strip Searches by The court of appeals for the Eighth circuit held that a Nebraska jail policy of strip searching all arrestees was unconstitutional. Plaintiff was arrested for dog leash violations and strip searched when brought to jail. District court entered judgment for defendants. Appeals court, …
Article • May 15, 2007
Filed under: Searches, Strip Searches
Strip Searches for Misdemeanor Arrestees Illegal by The court of appeals for the Seventh circuit upheld an injunction prohibiting the Racine county jail in Wisconsin from strip searching people arrested for non traffic related misdemeanors. Court affirmed an order published at: Tinetti v. Wittke, 479 F. Supp. 486 (ED WI …
Article • May 15, 2007
Female Guards Can Observe Naked Male Prisoners by The court of appeals for the Ninth circuit held that no constitutional right was violated by a California prison policy/practice of allowing female guards to routinely view naked and partially naked male prisoners showering, dressing, being strip searched and using the toilet. …
Article • May 15, 2007
Virginia Jail Strip Searches Illegal by The court of appeals for the Fourth circuit held it was unconstitutional to strip search Virginia detainees arrested for traffic and other minor offenses. Probable cause that the person is carrying contraband is required before such strip searches can occur. Case was reversed and …
Article • May 15, 2007
CO Jail Strip Searches Illegal by The court of appeals for the Tenth Circuit held that it was illegal for jail guards to strip search a Colorado motorist arrested for speeding and driving with a suspended license when no reasonable suspicion existed that he was concealing contraband on his person. …
Article • May 15, 2007
Filed under: Searches, Strip Searches
ID Jail Strip Searches Illegal by The court of appeals for the Ninth circuit held that the Fourth amendment rights of an Idaho citizen arrested for failing to pay parking tickets were violated when she was strip searched upon entering the local jail. The district court granted summary judgment to …
Article • May 15, 2007
Retaliatory Strip Searches State Claim by The court of appeals for the Fifth circuit affirmed dismissal of a Texas prisoner's challenge to an ad seg strip search policy. The court reversed the dismissal of the prisoner's claim that the strip search policy was applied in retaliation only against prisoners who …
Article • May 15, 2007
Suspicionless Car Searches of Prison Visitors Upheld by The court of appeals for the Tenth circuit upheld a roadblock by Oklahoma state police and prison officials that led to the suspicionless car searches and dog sniffs of all prison visitors seeking access to prison. Court upheld the strip search of …
Article • May 15, 2007
Filed under: Searches, Strip Searches
Prisoner Strip Searches Upheld by The courts of appeal for the Eighth and Ninth circuit's upheld Iowa and Arizona prison policies of visually strip searching all prisoners in ad seg entering or leaving their cells. All circuit courts to consider this issue have upheld the visual strip searches of prisoners. …
Article • May 15, 2007
New York County Could Be Liable for Jail Strip Searches by The U.S. Court of Appeals for the Second Circuit held that Herkimer County (New York) was not entitled to qualified immunity if it maintained a policy that allowed the routine strip-searching of misdemeanor arrestees without reasonable suspicion that they …
Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each by John E Dannenberg Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each by John E. Dannenberg The Sacramento County Superior Court ruled that the Sacramento County Jail's policy of strip-searching all detainees - regardless …
Article • May 15, 2007
Court Upholds Mistreating Prisoners For Practice by Court Upholds Mistreating Prisoners For Practice The plaintiff alleges that the defendants authorized a "live exhibition/exercise" by CERT officers, with civilian witnesses, in which he was forcefully extracted from his cell and dragged to an exercise unit where he was placed in a …
Article • May 15, 2007
Strip Search Jury Instruction Held Invalid; New Trial Ordered by by Bob Williams Finding the jury instruction definition of strip search" too narrow, the United States Court of Appeals for the First Circuit reversed a jury's finding that a state jail prisoner's strip search was not unconstitutional. Geoffrey Wood was …
New York County and Sheriff Liable For Illegal Strip/Body Cavity Search by A New York woman filed suit under 42 U.S.C. § 1983 after being arrested on misdemeanor charges and subjected to a strip/body cavity search at the jail. A U.S. district court granted Respondents' motion for summary judgment, 630 …
Article • May 15, 2007
Visitor Passing Through Metal Detector Partly Disrobed Not "Strip Search" by Visitor Passing Through Metal Detector Partly Disrobed Not "Strip Search" The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court for the Eastern District of Arkansas, held that a state prison guard's requirement that an eight-year-old female …
Article • May 15, 2007
Limited Attorney Fee Award for Partial Victory by The U.S. District Court for the District of Minnesota has held that a plaintiff who successfully challenged a jail strip search policy was the "prevailing party" for purpose of an attorney fee award as outlined in 42 U.S.C.A. §1988. Plaintiff brought a …
Article • May 15, 2007
Indiana Arrestee Strip Searches Unconstitutional by The Supreme Court of Indiana held that routine warrantless strip searches of misdemeanor arrestees, even when incident to lawful arrests, are violative of the Indiana Constitution and the Fourth Amendment. This criminal case was before the court on a motion to suppress cocaine found …
Article • May 15, 2007
Detainees Entitled To Contact Visits, To Be Present During Shakedowns by The U.S. Court of Appeals for the Ninth Circuit held that pretrial detainees were entitled to contact visits and to be present during cell searches. Pretrial detainees in the Los Angeles County Central Jail brought a class action § …
Article • May 15, 2007
7th Circuit Holds $60,000 Illinois Strip Search Award Not Excessive by On Nov. 29, 1983, the U.S. Seventh Circuit Court of Appeals held that a strip-search claimant's $60,000 jury award against the City of Chicago was not excessive even though it was larger than awards in similar cases. Four female …
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