W.D.Mo.: ER’s security staff conducts private searches of GSW victims

Defendant showed at a hospital ER with a gunshot wound. Hospital policy was for its security staff to search GSW patients’ clothing for staff safety. This was a private search, and it produced ammunition from a convicted felon. United States v. Brown, 2021 U.S. Dist. LEXIS 90311 (W.D. Mo. May 12, 2021), adopting 2021 U.S. Dist. LEXIS 90460 (W.D. Mo. Apr. 2, 2021).

Defendant contends he was strip searched, but he wasn’t. He had basketball shorts with pockets under his pants, and he was only asked to remove his outer pants. United States v. Chism, 2021 U.S. Dist. LEXIS 89809 (E.D. Tenn. Apr. 21, 2021).*

The court does not have to decide whether NY law permits a suspicionless parole search because there was reasonable suspicion here. United States v. DeJesus, 2021 U.S. Dist. LEXIS 89747 (S.D. N.Y. May 11, 2021) (an extensive analysis of the competing arguments).*

Taking the facts from the plaintiff’s perspective, but still crediting the facts developed in discovery, it can reasonably be concluded that the use of deadly force here was reasonable. Thus, the officers get qualified immunity. Estate of Green v. City of Indianapolis, 2021 U.S. App. LEXIS 13993 (7th Cir. May 12, 2021).*

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