Joseph L. Pena v. Booth Gardner Lawrence Kincheloe Warden John Lambert Amos Reed

FACTS

As a result of a growing number of violent prisoner incidents, the Washington State Department of Corrections (“the Department”) constructed an Intensive Management Unit (“IMU”) at the Washington State Penitentiary (“the penitentiary”) designed to be a secure area to house prisoners deemed potentially dangerous or in need of special protection. To maintain security, the Department initiated a policy by which inmates were given a digital rectal probe before transfer to the IMU, or upon determination of a “cause predicate” unrelated to IMU placement:

*471Pena, an inmate at the penitentiary who…