{"id":57532,"date":"2024-04-04T12:29:00","date_gmt":"2024-04-04T17:29:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=57532"},"modified":"2024-04-05T12:31:02","modified_gmt":"2024-04-05T17:31:02","slug":"ca8-alleged-degrading-strip-search-of-transgender-inmate-stated-claim","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57532","title":{"rendered":"CA8: Alleged degrading strip search of transgender inmate stated claim"},"content":{"rendered":"\n

An allegedly retaliatory prison strip search alleged to be degrading and too intrusive stated a claim and survived qualified immunity on the Fourth Amendment but not the First Amendment retaliation claim. The inmate was transgender transitioning to female. Beard v. Falkenrath<\/a>, 2024 U.S. App. LEXIS 8025 (8th Cir. Apr. 4, 2024):<\/p>\n\n\n\n\n\n\n\n

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If the facts pleaded in the complaint are true, “reasonable official[s] in the defendant[s’] shoes would have [also] understood that [they] w[ere] violating” Beard’s Fourth Amendment rights. Kisela v. Hughes, 138 S. Ct. 1148, 1153 (2018) (per curiam) (citation omitted). After all, in 2019, nearly two years before, we had concluded that a “degrading, humiliating, or abusive” strip search of an arrestee violated the Fourth Amendment. Robinson, 937 F.3d at 1138; see Bell, 441 U.S. at 560 (stating that “an abus[ive] [search] cannot be condoned”); see also Franklin v. Lockhart, 769 F.2d 509, 510-11 (8th Cir. 1985) (per curiam) (reversing summary judgment in an inmate strip-search case because the defendant did not address the scope and manner of the searches). The allegations here are just as egregious, if not more so. At a minimum, the defendants have not established “qualified immunity [from] the face of the complaint.” Bradford, 394 F.3d at 1015.<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"

An allegedly retaliatory prison strip search alleged to be degrading and too intrusive stated a claim and survived qualified immunity on the Fourth Amendment but not the First Amendment retaliation claim. The inmate was transgender transitioning to female. Beard v. … 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":[113,40,41],"tags":[],"class_list":["post-57532","post","type-post","status-publish","format-standard","hentry","category-prison-and-jail-searches","category-qualified-immunity","category-strip-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57532","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=57532"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57532\/revisions"}],"predecessor-version":[{"id":57533,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57532\/revisions\/57533"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57532"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57532"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57532"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}