Oliver v. Scott.

• Position: Violation of constitutional rights - Brief Article

U.S. Appeals Court

NUDITY

OBSERVATION BY STAFF

RIGHT OF PRIVACY

STAFF OF OPPOSITE SEX

VIEW BY STAFF

Oliver v. Scott, 276 F.3d 736 (5th Cir. 2002). A male prisoner brought a civil rights suit against a prison warden, correctional officers, and private contractors who operated a state jail facility, alleging constitutional violations arising from cross-gender surveillance and strip searches, and the absence of partitions in male shower areas. The district court dismissed a portion of the complaint for failure to state a claim and entered summary judgment in favor of the defendants for the remaining issues. The prisoner appealed and the appeals court affirmed. The appeals court held that any minimal right to bodily privacy possessed by the male prisoner did not preclude cross-gender surveillance and that such surveillance, in the absence of partitions in the male shower area, did not violate the prisoner's equal protection rights. The court noted that fundamental implied rights--marriage, family procreation, and the right of bodily integrity--do not include a...