Gonzalez v. City of Schenectady

I concur in the majority opinion in its statements of controlling law and its conclusions as to Part I, II,1 and IV. I respectfully dissent however, as to Part III, because I believe that the relevant rule regarding body cavity searches was clearly established, as it was clearly foreshadowed as a federal constitutional right, prior to Gonzalez’s arrest.

I

To determine whether a right was clearly established2 we look to “(1) whether the right in question was defined with ‘reason-áble specificity’; (2) whether the decisional law of the Supreme Court and the applica*164ble circuit court support the…