{"id":16532,"date":"2015-03-29T00:38:03","date_gmt":"2015-03-29T05:38:03","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=16532"},"modified":"2015-03-28T14:39:36","modified_gmt":"2015-03-28T19:39:36","slug":"ca7-inmate-forced-to-wear-a-see-through-jumpsuit-for-prison-transfer-stated-8th-amd-claim-but-not-4th","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=16532","title":{"rendered":"CA7: Inmate forced to wear a see-through jumpsuit for prison transfer stated 8th Amd. claim but not 4th"},"content":{"rendered":"

Plaintiff inmate was forced to wear a see-through jumpsuit, and he stated an Eighth Amendment claim, but not one under the Fourth Amendment. He couldn\u2019t comply with PLRA. \u201cWe reverse and remand for further proceedings. King’s transfer to the state prison facility made it impossible for him to comply with the jail’s specified grievance procedures, so there were no available remedies to exhaust. We also reverse the court’s dismissal of King’s Eighth Amendment claim. He has alleged a plausible Eighth Amendment claim that the use of the unusual jumpsuit had no legitimate correctional purpose but was instead used to humiliate and inflict psychological pain. See Calhoun v. DeTella, 319 F.3d 936, 939 (7th Cir. 2003) (reversing dismissal of Eighth Amendment claim based on strip-search). We also conclude, however, that, as a convicted prisoner, King is not entitled to proceed on remand with his theory that requiring him to wear the jumpsuit subjected him to an unreasonable search in violation of the Fourth Amendment.\u201d King v. McCarty<\/a>, 2015 U.S. App. LEXIS 5008 (7th Cir. March 27, 2015).<\/p>\n

Defendant\u2019s stop was without any reasonable suspicion of criminal activity, and the trial court\u2019s grant of the motion to suppress is affirmed on interlocutory appeal. Defendant didn\u2019t file an appellate brief, and that\u2019s normally a confession of error, but here he still wins. State v. Smith<\/a>, 2015 Tex. App. LEXIS 2819 (Tex. App. \u2013 Corpus Christi — Edinburg March 26, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Plaintiff inmate was forced to wear a see-through jumpsuit, and he stated an Eighth Amendment claim, but not one under the Fourth Amendment. He couldn\u2019t comply with PLRA. \u201cWe reverse and remand for further proceedings. King’s transfer to the state … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35,41],"tags":[],"class_list":["post-16532","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-strip-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16532","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=16532"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16532\/revisions"}],"predecessor-version":[{"id":16533,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16532\/revisions\/16533"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16532"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16532"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16532"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}