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Article • May 15, 2007
Jail Strip Search Damage Award Upheld by The court of appeals for the Seventh circuit affirmed a damage award in a Chicago, Illinois, jail strip search case. A 53 year old grandmother was arrested on misdemeanor charges and subjected to a visual strip search upon entering the jail. A jury …
IL Jail Strip Search Damage Awards Affirmed by The court of appeals for the Seventh circuit affirmed jury verdicts and damage awards to arrestees subjected to strip searches in the Chicago, Illinois, jail. Three women were arrested for parking ticket violations and failing to produce a driver's license. They were …
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, …
EMIT Test Result Supports Infraction by The court of appeals for the Second circuit held that a single EMIT drug test result showing the use of drugs was sufficient to support a finding of guilt in a New York prison disciplinary hearing. Pre-hearing segregation of prisoners who test positive for …
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
Filed under: Searches, Drug Testing
Urine Testing for Drugs Upheld by The court of appeals for the Eighth circuit upheld the random urine drug testing, using the EMIT system, of Nebraska prisoners against a variety of challenges. All courts to consider the issue have upheld the urine testing of prisoners against a variety of challenges. …
Article • May 15, 2007
Mandatory AIDS Testing Upheld by The court of appeals for the Tenth circuit upheld an Oklahoma prison policy of subjecting prisoners to mandatory AIDS testing and punishing prisoners who refuse to submit to the tests. See: Dunn v. White, 880 F.2d 1188 (10th Cir. 1989).
Article • May 15, 2007
Filed under: Searches, Videotaping
Intercepted Conversation of Jail Visitor Not Protected by The United States Supreme Court held that a state court conviction, for refusing to answer questions interposed by a state legislative committee, did not present a federal due process question, under the circumstances of the case. Although the Court declined to explicitly …
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 …
Article • May 15, 2007
Exculpatory DNA Evidence Insufficient for New Trial by The Eighth District Court of Appeals of Ohio, in a split decision, has reversed the grant of a new trial to an Ohio prisoner by the Cuyahoga County Court of Common Pleas. Frederick Luckett, an Ohio prisoner, was convicted at jury trial …
Article • May 15, 2007
Tenth Circuit Reverses Dismissal on Prison Visitation Case by The Tenth Circuit Court of Appeals reversed and remanded the decision of a Kansas Federal district court dismissing the complaint of a prisoner and his wife over loss of visiting privileges. Kevin and Marsha Gray are married. Mr. Gray is African-American …
Article • May 15, 2007
Harassment in Cell Searches Not Permitted by The U.S. Fourth Circuit Court of Appeals reversed and remanded the U.S. District Court of Virginia in a cell shakedown case involving destruction of a prisoner's personal property and legal material. Russell T. Palmer, Jr., a prisoner at the Bland Correctional Center in …
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