16. Female prisoners.

U.S. Appeals Court SEARCHES

Farmer v. Perrill, 288 F.3d 1254 (10th Cir. 2002). A female federal prisoner brought a civil rights action against prison officials, alleging Fourth Amendment violations arising from strip searches. The district court denied summary judgment for the officials and refused to dismiss the action. The appeals court affirmed, finding that the prisoner's right not to be subjected to a humiliating strip search in full view of several others was "clearly established" at the time of the search in question. The court held that summary judgment was precluded because genuine issues of material fact existed as to whether prison officials had a legitimate penological need to conduct the strip search of the prisoner in an open area and in view of inmates and staff. According to the court, while a prison inmate's right to privacy must yield to a prison's need to maintain security, "it does not vanish altogether." (Englewood Federal Correctional Facility, Colorado)

U.S. Appeals Court SEXUAL ASSAULT...