25. Intake and admissions.
U.S. District Court SEARCHES
Helton v. U.S., 191 F.Supp.2d 179 (D.D.C. 2002). Female arrestees brought an action under the Federal Tort Claims Act (FTCA) alleging that United States Marshals conducted unlawful searches and invasions of their privacy. The district court held that the alleged strip search of arrestees satisfied the elements of a tort intrusion upon seclusion. The court noted that the Fourth Amendment precludes police or prison officials from conducting a strip search of an individual arrested for misdemeanors or other minor offenses, unless there is reasonable suspicion that the individual is concealing contraband or weapons. The five women plaintiffs had been arrested for unlawful entry in connection with an "anti-fur" demonstration at a department store. According to their complaint, they were compelled "to remove clothing and submit to a strip and squat search" while six men arrested with them were not subjected to such searches. (United States Marshals Service)
U.S. Appeals Court SUICIDE SCREENING
Pardue Ex Rel. Christian v. Ashe, 36 Fed.Appx. 199 (6th Cir. 2002). The next friend and next of kin to an arrestee who committed suicide while being held in a county jail on a domestic assault charge, brought a 1983 action alleging that the county failed to recognize the arrestee's suicidal tendencies. The district court granted summary judgment in favor of the defendants and the appeals court affirmed. The appeals court held that the arrestee did not have a constitutional right to be screened correctly for suicidal tendencies, and that he did not show a strong likelihood that he was going to attempt suicide such that the failure to take precautions amounted to deliberate indifference to his serious medical needs. The appeals court also held that there was no evidence that the county had a policy or custom of deliberate...
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