Floyd E. Cumbey v. Larry Meachum, Director, Gary Maynard, Warden, and Sharon Hartless

This three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Circuit R. 10(e). The cause is therefore ordered submitted without oral argument.

Plaintiff, Floyd E. Cumbey, appeals the district court’s dismissal of the complaint he brought pursuant to 42 U.S.C. § 1983, alleging that the use of female guards at the state prison where he is incarcerated violates his constitutional right to privacy. We vacate in part and remand.

The plaintiff is incarcerated at the Joseph Harp Correctional…