Policy of strip-searching all inmates when admitting them to correctional facility is unconstitutional

Law Reporter, Dec 2003

CIVIL RIGHTS

Dodge v. County of Orange, __ F. Supp. 2d __, Nos. 02 Civ. 769 (CM)(LMS), 02 Civ. 8451 (CM)(LMS), 2003 WL 22119194 (S.D.N.Y. Sept. 9, 2003).

A county jail's policy of strip-searching all inmates upon admission to the facility is unconstitutional under the Fourth Amendment, a U.S. district court held.

Here, a county jail had a policy of strip-searching all inmates upon admission to the facility. The jail later changed its policy to require strip searches only for certain inmates, including those who were charged with felonies, drug offenses, or parole violations. A class of inmates who were strip-searched sued the county, alleging that the policy violated their Fourth Amendment rights and 42 U.S.C. § 1983. The court granted plaintiffs' request for a preliminary injunction against the jail, requiring that strip searches be based on reasonable suspicion. Plaintiffs moved for a permanent injunction.

Citing federal case law, the court noted that strip searches may be based on less than probable cause in some instances, but the security interests of the correctional institution must be balanced against the privacy interests of the inmate. Further, the court cited case law from the second Circuit Court of Appeals holding that, to be constitutional, a strip search must be based on "particularized suspicion" arising from the circumstances of the arrest, the nature of the charges against the inmate, or other reasons to believe the inmate may have contraband.

Thus, the court held, the jail's earlier policy of searching all inmates was unconstitutional because it did not balance the safety interests of the facility with the privacy interests of the inmate. The jail's second policy was unconstitutional because it was based on broad categories rather than on "particularized suspicion," the court said. The balance of the hardships is with plaintiffs, the court said, because having one's constitutional rights violated is necessarily a substantial hardship.

Accordingly, the court issued an injunction preventing defendants from strip-searching detainees except on reasonable suspicion that they are concealing contraband.

Plaintiffs' Counsel

*James E. Monroe, Goshen, N.Y.

Robert N. Isseks, Middletown, N.Y.