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Article • March 15, 2011 • from PLN March, 2011
Have a Cell Phone in Your Rectum? Body Cavity Searches OK’d in First Circuit, but Surgical Searches Are Not by Brandon Sample It is okay to look for contraband in a prisoner’s rectum so long as the search is done by medical staff in a non-abusive manner, according to the …
$150,000 Settlement Paid in D.C. Minor’s False Arrest Lawsuit by The District of Columbia (D.C.) paid $150,000 to settle the lawsuit of Steven A. Douglass, a minor, for false arrest and imprisonment while his school class was on a “field trip” to the D.C. Jail. On April 9, 2001 Douglass, …
Article • March 15, 2011
$5,000 Settlement on D.C. Jail Prisoner’s Improper Body Cavity Search by The District of Columbia paid $5,000 to settle the Eighth Amendment violation lawsuit of prisoner John Lee, Jr. While incarcerated at the D.C. Jail on August 17, 2000, Lee’s housing unit was subjected to a search. Guard Robert Curry …
Article • March 15, 2011
Strip Searches Result In $7,500 Settlement by On April 25, 2008 the State of Washington agreed to pay $7,500 to settle a suit by three prisoners who alleged that they were strip searched in a degrading manner. The suit, filled by Willeen Ballard, Deborah Monroe, and Becky Richter alleged that …
Article • March 15, 2011
$12,500 Settlement for DC Guard’s Assault of Prisoner During Shakedown by The District of Columbia (DC) paid $12,500 to settle a negligence and assault and battery suit filed by prisoner Cornell Barber for the injuries he sustained at the hands of guards. As he was exiting the visiting park at …
Article • January 15, 2011 • from PLN January, 2011
Cavity Searches of Civil Commitment Patients for Cellphone Upheld by Eighth Circuit by The Eighth Circuit Court of Appeals upheld a strip search of 150 Minnesota civil commitment patients, but warned that it was “a close question of constitutional law,” which reached the outer limits of acceptable conduct. On October …
Brief • September 9, 2010
Solis v. Baca, CA, Expert Report - Martin, Body Cavity Strip Search, 2010 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA MARLENE SOLIS, et aI., Plaintiffs, vs. SHERlFF LEROY D. BACA, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Case No. CV 06-01135 SVW (CTx) …
City of Flint Settles Mass Arrest and Strip Search Suit for $900,000.00 by On December 14, 2009, the City of Flint agreed to pay $900,000 to more than 100 young men and women who were detained, charged with a crime, strip searched, and, in some cases, body cavity searched for …
Juvenile Abused at D.C. Jail Settles for $31,000 Plus Attorney Fees by On December 19, 2002, a juvenile abused while on a field trip at a District of Columbia jail settled her federal 42 U.S.C. § 1983 lawsuit for $31,000. In addition, attorney fees were awarded by the U.S. District …
$125,000 Paid For Illegal Colonoscopy to Search for Drugs by On July 18, 2009, a New York State parolee, Tunde Clement, agreed to a $125,000 settlement in a lawsuit he filed in 2007 against Albany County, New York and Albany Medical Center Hospital. Clement's attorney, John F. Queenan, claimed his …
Article • September 15, 2009
Forced Catheterization to Perform Drug Test Constitutional by On May 15, 2008, the Eighth Circuit U.S. Court of Appeals affirmed a lower court's grant of summary judgment to the defendants in a § 1983 action filed by 68-year-old Missouri prisoner Joel LeVine. LeVine alleged that the defendants, a guard and …
California: Arrestee Not Guilty of “Bringing” Drugs into Jail by by John E. Dannenberg The California Court of Appeal has reversed the conviction of a Kings County man who was convicted of “bringing drugs into a jail” in violation of Penal Code § 4573, when the act of “bringing” was …
Article • January 15, 2008
Class Status Granted to Illinois Prisoners for Nonconsensual STD Tests by A federal judge in Illinois has granted class action status to a group of Cook County prisoners who were subjected to painful medical tests without their explicit consent. Plaintiffs Robert Jackson, Joseph McGrath and Derrell Smith claimed that during …
Seventh Circuit Rejects Federal Prisoner’s Necessity Defense by Seventh Circuit Rejects Federal Prisoner's Necessity Defense The Seventh Circuit found that a federal prisoner had failed to prove the requisite elements of the "necessity" defense in a prison weapon possession prosecution. In 1992, David Sahakian was sentenced to 360 months in …
Article • January 15, 2008 • from PLN January, 2008
$25,000 Settlement in Miami False Arrest, Strip Search Suit by While driving in Florida?s Miami-Dade County, a 32-year-old female was pulled over for allegedly following another car too closely. The Miami-Dade County police officer arrested her for an outstanding warrant for driving with an invalid driver?s license. She was arrested …
Rhode Island Pays $120,000 To Prisoner Forced To Eat Feces by Michael Rigby The State of Rhode Island has paid $120,000 to settle with a prisoner who was forced by guards to eat his own feces. While serving a six month sentence for shoplifting at the Adult Correctional Institution (ACI) …
Article • May 15, 2007
Body Cavity Searches Reasonable and Unreasonable by The 5th Circuit Court of Appeals has held that prisoners retain some degree of Fourth Amendment rights and that the government must justify the reasonableness, and in some cases give notice, before conducting body cavity searches on prisoners. Body cavity searches were performed …
Article • May 15, 2007
Parkway Not Proper Place for Body Cavity Search by The Eastern District Court of Virginia determined that a body cavity search while on the George Washington Parkway violated the Fourth Amendment. Arrion Ford was traveling down the George Washington Parkway in his car when a police officer stopped him because …
Ionscan Test Reasonable Cause to Require Urinalysis Test by Florida's Fourth District Court of Appeals held that reasonable suspicion of use of drugs existed to require a Florida Department of Corrections (FDOC) guard to submit to a urinalysis test. This action is an appeal of a final order of the …
Double Bunking, Mail and Visitation Rules, Searches Constitutional by The U.S. Supreme Court held that a jail's practices of "double bunking," barring hardcover books sent by individuals, banning receipt by prisoners of food packages and personal items, requiring prisoners to remain outside their housing areas during searches, and body cavity …
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