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Article • May 15, 2007
$30,000 Paid for Broadcasting Florida Jail Strip-Search by After being arrested for battery on a law enforcement officer, resisting arrest with violence, and disorderly conduct, the plaintiff in this case was taken to Florida's Delray Beach Police Department's holding cell to await his transport to the Palm Beach County Jail. …
Article • May 15, 2007
Ohio Prison Officials get Qualified Immunity in Guard Strip Searches by The plaintiff, a prison employee, was strip searched without reasonable suspicion of illegal activity. The reasonable suspicion standard was not clearly established and the defendants are entitled to qualified immunity. Three cases from other circuits did not establish the …
Qualified Immunity for Body Cavity Search of Prison Guard by The plaintiff correctional employee was subjected to a visual body cavity search after a prisoner informant said that the employee was going to smuggle in some drugs in a tampon. Conducting the search was within the outer perimeter of the …
Article • May 15, 2007
Female Guard Supervision of Naked Male Prisoners Upheld by The plaintiff challenged the use of female guards to monitor male prisoners in bathrooms and showers even though male guards were not used to monitor women under similar circumstances. The plaintiff's challenge to strip search practices was dismissed by the district …
TN DNA Collection Statute Held Constitutional by Bruce Scarborough and Mack Transou, Tennessee state prisoners, are both convicted sex-offenders. Upon their admission to the state prison system both were asked to provide blood samples for DNA testing per Tenn. Code Ann. § 40-35-3231, et seq. (DNA Statute). Had they refused …
Arrestee Strip Search Upheld in Maryland by The plaintiff was arrested on an outstanding warrant and detained for about 14 hours. Her neck brace and medication were confiscated and not returned during that period. The pain the plaintiff suffered from lack of medication and neck brace was not a serious …
Qualified Immunity for Sex Offender Cavity Searches by The plaintiff sex offenders alleged that they were harassed because of their status and were subject to retaliatory body cavity searches. Injunctive relief was not appropriate because there was no allegation that the misconduct was ongoing. Declaratory relief is inappropriate for the …
Article • May 15, 2007
$35,000 Settlement in Maine Jail Strip-Search Case by After he was arrested on a misdemeanor charge, Geoffrey V.V. Wood was strip-searched at Maine's Hancock County Jail. Wood filed suit, alleging the strip search procedures were illegal and unconstitutional. He settled his lawsuit in May 2004 for $35,000. See: Wood v. …
Article • May 15, 2007
Federal Law Requiring Felons Submit DNA Sample Constitutional by The Sixth Circuit Court of Appeals has held that a federal statute, 42 U.S.C. § 14135a, that requires persons convicted of federal felonies to submit a DNA sample is constitutional. That ruling comes in the appeal of Bobbie J. Conley, who …
Attempted Rape by Cop States Claim by The plaintiff alleged that the defendant police officer stopped him, conducted an unlawful pat down search, handcuffed him, took him to a remote location, and tried to sodomize him. The allegations state a constitutional claim under the Fourth Amendment's protection against unlawful searches …
Article • May 15, 2007
Filed under: Searches, Strip Searches
Strip Search of Female Jail Prisoner in View of Male Guard Upheld by The plaintiff was being strip searched by female jailers, with reasonable suspicion, on intake to the jail, and a male jail employee viewed her bare breasts. The Fourth Amendment was not violated. The plaintiff offered no evidence …
Retaliation by NY Jail Guards Not Barred by PLRA by The plaintiff complained that the defendants retaliated against him for public criticism of police misconduct. He was arrested on seemingly trumped-up charges, transferred from Orange County to Rikers Island with false information that his claim to have been a police …
Article • May 15, 2007
Release of DNA Evidence Must Be Brought As Habeas by The plaintiff sued to obtain the release of biological evidence for DNA testing, alleging it would be exculpatory as to his criminal conviction. His suit was, in effect, a challenge to the validity of his criminal conviction that must be …
9/11 Immigration Detainee Challenges Denial of Counsel, Religious Diet by The plaintiff was arrested on September 12, 2001, on the belief that he was connected with the 9/11 hijackers, and transferred to a federal prison, where he was subjected to a visual body cavity search viewed by multiple male and …
California Sexual Predators’ Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John Dannenberg California Sexual Predators' Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John E. Dannenberg A class of 600 civilly committed sexually violent predators (SVP) sued the California Department of Mental Health (DMH) under 42 U.S.C. …
Ninth Circuit: Before Conducting Warrantless Parole Search, Police Need Probable Cause to Believe Parolee Lives There by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals has held that ?before conducting a warrantless search pursuant to a properly imposed parole condition, law enforcement officers must have …
Maryland Man Awarded $6.4 Million For False Imprisonment, Police Misconduct by Michael Rigby On August 30, 2006, a jury in Prince George?s County, Maryland, awarded $6.4 million to a man who was wrongfully imprisoned for the brutal rape and murder of his wife. During trial the jury heard compelling evidence …
Article • March 15, 2007 • from PLN March, 2007
North Carolina Enacts Innocence Inquiry Commission by John Dannenberg by John E. Dannenberg On August 3, 2006, North Carolina Governor Mike Easley signed into law H-1323, a bill creating an eight-member Innocence Commission wherein prisoners who have exhausted their court appeals but still claim they were wrongly convicted may reopen …
Article • March 15, 2007 • from PLN March, 2007
$205,000 Settlement in Massachusetts Strip Search Suit by On December 27, 2006, the Commonwealth of Massachusetts agreed to pay $205,000 to settle a class action lawsuit alleging hundreds of arrestees were illegally strip searched at the Hampshire Jail and House of Corrections between January 18, 2002 and November 7, 2002. …
Article • February 15, 2007 • from PLN February, 2007
$2.5 Million Settlement for Illegal Strip Searches in Connecticut Jail by The State of Connecticut has entered into a settlement agreement that will cost it $2.5 million for a correctional policy of strip searching all detainees regardless of their charges. The settlement comes in a class action filed in a …
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