Posted on 01/04/2007 4:11:03 AM PST by radar101
The San Bernardino County Sheriff's department has been forced to stop strip searching many county jail inmates after a judge ruled the searches violate the inmates' constitutional right to privacy in certain circumstances.
The ruling, handed down last month as part of a class-action civil rights lawsuit, opens the door for perhaps tens of thousands of former inmates to pursue damage claims against the county, an attorney for the plaintiffs said Wednesday.
"There has to be a balance between the sheriff's need to maintain institutional security and the personal dignity of the people who are in the system," attorney Paul Estuar said. "If you're going to intrude on people's dignity, you better have a pretty good reason for it."
The sheriff's department had a blanket policy of conducting full body cavity searches for nearly all inmates entering its jails, even those simply returning from court or being transferred from other detention facilities.
The policy was intended to keep inmates from smuggling weapons, drugs and other contraband into jails.
A handful of inmates sued in May 2005, saying the searches were unnecessarily intrusive and unreasonable, in violation of state and federal law.
The ruling, issued Dec. 7 by U.S. District Judge Stephen G. Larson, does not forbid the department from continuing to strip search most inmates.
However, absent probable cause, the department can no longer strip search inmates who are returning to jail from court only to be processed for release.
Nor can deputies perform body cavity searches on fresh arrestees who are being transferred from a short-term jail to a long-term facility unless their alleged crimes involve drugs or violence.
Larson, in a stinging 15-page ruling, said the sheriff's department had failed to provide any solid reasons for strip searching those inmates.
"The intrusive nature of the search is beyond dispute, and the place and manner in which it is conducted does very little to protect the arrestees' privacy," the judge wrote.
A spokeswoman for the sheriff's department declined to comment on the ruling or the changes in procedures it has produced, citing jail security concerns.
However, Undersheriff Richard Beemer issued a memo to his staff four days after the ruling ordering an immediate stop to the strip searches deemed illegal by the judge. He further warned that any deputies who continue to perform them could be held personally liable.
Dana Fox, an attorney for the county, said the county disagreed with the ruling, but declined further comment because other portions of the lawsuit are still pending.
Estuar said it remains to be seen whether inmates who have been subjected to the searches are entitled to damages.
However, the judge has granted class status to all inmates who were searched after May 3, 2003, allowing them to press forward for a payout.
The attorney said he didn't know how many inmates qualified, but he speculated it could be in the range of 20,000 to 40,000.
Estuar said his law firm has pursued similar lawsuits in Los Angeles County, Washington, D.C., and Atlanta with strong degrees of success.
Staff writer Rod Leveque can be reached by e-mail at r_leveque@dailybulletin.com, or by phone at (909) 483-9325.
A payout?
This stinking POS judge just opened the purse strings of the county, with this idiotic ruling.
We are surrounded by idiots, idiots that have absolutely no clue as to the final results of their stupid "judicial" actions.
In other words, the judge just decided that it is A-OK to smuggle drugs, weapons, and other contraband into the jail.
Well, considering that lots of these prisoners are in prison because of the actions and lies and incompetence of the pigs and the "drug warrior" system that employs them, maybe we can cut these criminals a break here or there.*
*May not be accurate, simply repeating what I'm learning on FR
Are you highliting the growing distrust of "the man" here on FR? Or should I say hatred????!
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