{"id":62497,"date":"2025-12-15T13:53:00","date_gmt":"2025-12-15T18:53:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62497"},"modified":"2025-12-15T13:53:00","modified_gmt":"2025-12-15T18:53:00","slug":"ca2-merely-having-knowledge-of-prison-strip-searches-doesnt-make-that-prison-official-potentially-liable","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=62497","title":{"rendered":"CA2: Merely having knowledge of prison strip searches doesn\u2019t make that prison official potentially liable"},"content":{"rendered":"\n<p>Merely having knowledge of prison strip searches doesn\u2019t make that prison official potentially liable. Baltas v. Jones, 2025 U.S. App. LEXIS 32676 (2d Cir. Dec. 15, 2025)*:<\/p>\n\n\n\n<!--more-->\n\n\n\n<p>There are two Fourth Amendment tests for prisoner strip searches. &#8220;[I]f the inmate&#8217;s Fourth Amendment claim challenges an isolated search, courts typically apply the standard set forth in Bell v. Wolfish, 441 U.S. 520 (1979).&#8221; Id. at 58. If, instead, the challenge is to a &#8220;policy&#8221; of conducting strip searches, &#8220;courts typically analyze the claim under Turner v. Safley&#8221; and uphold it &#8220;if it is reasonably related to legitimate penological interests.&#8221; Id. at 57-58 (quoting Turner, 482 U.S. at 89). Because Baltas does not identify any particular strip search with specificity, and instead objects to the blanket policy of strip-searching him whenever he left his cell, Turner is the relevant framework.<\/p>\n\n\n\n<p>. . .<\/p>\n\n\n\n<p>Baltas points to only two indications of Jones&#8217;s personal involvement in the strip-search policy: that she saw some of the strip searches, and that Baltas complained to her that he was being strip-searched. Baltas&#8217;s particular allegations of awareness and failure to act are insufficient to show that Jones was personally involved in the strip-search policy that he asserts violates his rights under the Fourth Amendment. Rather, it is analogous to the holding Turkmen disavowed: that mere knowledge of strip searches suffices for personal involvement in a Fourth Amendment violation. See id. at 261. Summary judgment was therefore properly granted on the Fourth Amendment claim.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Merely having knowledge of prison strip searches doesn\u2019t make that prison official potentially liable. Baltas v. Jones, 2025 U.S. App. LEXIS 32676 (2d Cir. Dec. 15, 2025)*:<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[113,41],"tags":[],"class_list":["post-62497","post","type-post","status-publish","format-standard","hentry","category-prison-and-jail-searches","category-strip-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62497","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=62497"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62497\/revisions"}],"predecessor-version":[{"id":62498,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62497\/revisions\/62498"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62497"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62497"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62497"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}