Category Archives: Body searches

CA3: Body cavity search for baggie of drugs was reasonable because of exigency of risk of overdose

Plaintiff’s body cavity search for a baggie of drugs in her vagina was reasonable by exigent circumstances because of a legitimate fear that she could be harmed and overdose if the bag leaked. Carbone v. Salem, 2019 U.S. App. LEXIS … Continue reading

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CA2: Not clearly established for QI that a warrantless body cavity search required exigency and a particularized suspicion

A police officer was entitled to qualified immunity because the right to be free from a warrantless manual body cavity search in the absence of exigent circumstances and a particularized suspicion that evidence of a crime was secreted inside the … Continue reading

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NYTimes: Woman Who Said Officer Removed Her Tampon Will Receive $205,000

NYTimes: Woman Who Said Officer Removed Her Tampon Will Receive $205,000 by Isabella Kwai (“San Antonio approved the payout to Natalie Simms, 40, who said in a lawsuit that the officer violated her rights during a cavity search on the … Continue reading

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WaPo: Her tampon was pulled out in public by a police officer looking for drugs. Now, she could get $205,000.

WaPo: Her tampon was pulled out in public by a police officer looking for drugs. Now, she could get $205,000. By Allyson Chiu:

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CA9: IRS agent’s need to watch ptf pee during SW was unreasonable; they didn’t do that to her husband when he did

Plaintiff’s claim that an IRS CID investigator had to watch her go to the bathroom just in case she was hiding evidence survived a qualified immunity challenge. The right to bodily privacy was established at the time, and the officer’s … Continue reading

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CA5: At summary judgment stage, “[t]his is an obvious case” that can’t be resolved on summary judgment

“The summary judgment facts, as determined by the district court, are that Ryan posed no threat to the officers or others to support firing without warning. The ‘Officers had the time and opportunity to give a warning and yet chose … Continue reading

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MN: Forced anoscopy under sedation was unreasonable under Winston

Strapping defendant down for a forced anoscopy under sedation in the presence of nonmedical personnel was unreasonable under the Fourth Amendment. The court applied Winston v. Lee on forced surgery, noting that several courts have applied it to nonsurgical body … Continue reading

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W.D.Wash.: Photographing the naked body of unconscious Taser victim in the hospital stated a claim and overcame QI

Plaintiff was unconscious in the hospital when the defendants manipulated her naked body to photograph Taser marks. She stated a claim under a 1963 Ninth Circuit case that overcame qualified immunity. Young v. Pena, 2019 U.S. Dist. LEXIS 131641 (W.D. … Continue reading

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CA10: Taking ptf nude through a hospital for treatment when in custody stated a claim

Plaintiff’s being paraded nude into a hospital for treatment when in custody stated a claim, and the officers get no qualified immunity. “Plaintiff’s claim … that he was mistreated while in state custody … may be challenged under the Fourth … Continue reading

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CA6: State sanctioned blood draws of newborns and keeping the samples stated 4A claim

Plaintiffs stated a Fourth Amendment claim that the state took blood samples from children to check for diseases and then retained them in the Michigan Neonatal Biorepository. Remanded for further consideration. Kanuszewski v. Michigan Dept. of Health and Human Services, … Continue reading

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CA6: No QI for a baseless stop, strip search, and body cavity search and then tightening handcuffs for ptf’s complaining about his treatment

The officer gets no qualified immunity in his interlocutory appeal. On the complaint, plaintiff stated a claim that his stop was not objectively reasonable in the first place. A police dog was put into plaintiff’s vehicle, then it was searched … Continue reading

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MA: Bag of dope protuding from butt crack was seized in a strip search, not a body cavity search

“During a lawful strip search of the defendant following his arrest, police officers observed a plastic bag protruding from the cleft between his buttocks and caused him to remove it; it was revealed to contain individually wrapped plastic bags of … Continue reading

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