41. Searches.

U.S. Appeals Court CELL SEARCH

Carter v. McGrady, 292 F.3d 152 (3rd Cir. 2002). A state prison inmate brought a pro se [section] 1983 action against prison officials alleging he was unlawfully subjected to cell searches and disciplinary proceedings in retaliation for his jailhouse lawyering, in violation of the First Amendment. The district court granted summary judgment in favor of the officials and the appeals court affirmed. The appeals court held that the disciplinary action taken by prison officials was reasonably related to legitimate penological interests, precluding the retaliation claim. The disciplinary action was taken in response to findings that the inmate had engaged in overt misconduct, including unauthorized use of a credit card, theft by deception, receiving stolen property, writing letters to inmates at other prisons, and storing paperwork in his cell in amounts that exceeded safety regulations. The inmate had not been assigned to the law library to provide assistance to inmates, but was being paid by inmates for helping them. At one point the inmate produced documents that he alleged proved he had been appointed by the federal courts as a paralegal to assist other inmates. (State Correctional Institute at Mahoney, Pennsylvania)

U.S. Appeals Court STRIP SEARCH PRIVACY

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...