Duckett v. Garcia

Summary

The United States District Court for the Northern District of California granted correctional officer P. Garcia-Cortes’s motion for summary judgment in a pro se 42 U.S.C. § 1983 action. The court held that the visual unclothed body search of a transgender inmate was reasonable under the Fourth Amendment because it involved no physical touching, followed an incident involving aggressive conduct and pepper-spray use, complied with prison policy, and occurred in a holding cell. The court alternatively held that the defendant was entitled to qualified immunity because any asserted right to be searched by an officer matching the inmate’s gender identity was not clearly established on December 24, 2021.

Holdings

1. The visual unclothed body search did not violate the Fourth Amendment because it was conducted in a reasonable manner and was reasonably related to legitimate penological interests in prison safety and security.
2. Defendant was entitled to qualified immunity because Plaintiff failed to show a constitutional violation and, independently, the asserted right was not clearly established on December 24, 2021.

Questions Presented

1. Whether the visual unclothed body search of Plaintiff by a male correctional officer violated the Fourth Amendment.
2. Whether Defendant was entitled to qualified immunity because the alleged right to be searched by an officer sharing Plaintiff's gender identity was not clearly established on December 24, 2021.

Disposition

dismissed