Legal Opinion

Shain v. Ellison

Court of Appeals for the Second Circuit

Decided October 19, 2001No. Docket Nos. 00-7061(L), 00-7069(XAP)PublishedCited by 108 opinions

1Opinion of the Court

POOLER, Circuit Judge:

This appeal requires us to determine whether it was clearly established in July 1995 that corrections officers in a local correctional facility could not perform a strip search including a non-intrusive examination of body cavities on an individual arraigned on misdemeanor charges unless the officers had reasonable suspicion that the individual possessed contraband or weapons. We hold that after this court’s decisions in Wachtler v. County of Herkimer, 35 F.3d 77 (2d Cir.1994), Walsh v. Franco, 849 F.2d 66 (2d Cir.1988), and Weber v. Dell, 804 F.2d 796 (2d Cir.1986), no…

2Cases cited24 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Turner v. SafleySupreme Court of the United States · 1987
  3. Stump v. SparkmanSupreme Court of the United States · 1978
  4. Pell v. ProcunierSupreme Court of the United States · 1974
  5. O'Lone v. Estate of ShabazzSupreme Court of the United States · 1987

19 more not listed; retrieve them via the Exa API.

3Cited by108 opinions

  1. Iqbal v. HastyCourt of Appeals for the Second Circuit · 2007
  2. Gonzalez v. City of SchenectadyCourt of Appeals for the Second Circuit · 2013
  3. Bull v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 2010
  4. McDaniel v. County of SchenectadyCourt of Appeals for the Second Circuit · 2010
  5. Green v. MattinglyCourt of Appeals for the Second Circuit · 2009

103 more not listed; retrieve them via the Exa API.

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