Summary
The United States District Court for the Northern District of Indiana granted defendants’ motion for summary judgment in Lavelle Malone’s pro se action alleging that correctional officers subjected him to an unconstitutional strip search. The court held that the search was conducted pursuant to legitimate institutional security interests and that Malone presented insufficient evidence of an unreasonable or maliciously motivated search under the Fourth or Eighth Amendments. The court alternatively held that the defendants were entitled to qualified immunity, denied their motion to strike, and directed entry of judgment in their favor.
Holdings
- Summary judgment was proper because Malone presented no evidence from which a reasonable jury could find that the strip search was unreasonable in manner, place, or purpose. The undisputed evidence showed that it was conducted as part of a routine mass search serving legitimate institutional safety and security interests.
- Summary judgment was proper because Malone did not produce evidence that the strip search was maliciously motivated, unrelated to institutional security, or totally without penological justification. His allegations of derogatory comments and humiliation, without evidence of a malicious and unjustified search, were insufficient.
- Defendants were entitled to qualified immunity because Malone identified no clearly established law providing that derogatory comments made during an otherwise legitimate strip search violate the Fourth or Eighth Amendment, and he presented no evidence supporting his assertion that defendants acted with a punitive or retaliatory motive.
- The motion to strike was denied because the later filing contained no new information that would affect disposition, and the court could consider both Malone's initial response and later statement in deciding summary judgment.
Questions Presented
- Whether defendants were entitled to summary judgment on Malone's Fourth and Eighth Amendment claims arising from the November 9, 2023 strip search.
- Whether Malone produced sufficient evidence that the search was unreasonable, maliciously motivated, unrelated to institutional security, or intended to harass and humiliate him.
- Whether defendants were entitled to qualified immunity even if the strip search could be viewed as violating Malone's Fourth or Eighth Amendment rights.
- Whether defendants' motion to strike Malone's later statement of material facts should be granted.
Disposition
other
Cases Cited (21)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)(followed)
- Ogden v. Atterholt, 606 F.3d 355, 358 (7th Cir. 2010)(followed)
- Goodman v. National Security Agency, Inc., 621 F.3d 651, 654 (7th Cir. 2010)(followed)
- Springer v. Durflinger, 518 F.3d 479, 484 (7th Cir. 2008)(followed)
- Henry v. Hulett, 969 F.3d 769, 779, 781, 783 (7th Cir. 2020)(followed)
- Hudson v. Palmer, 468 U.S. 517, 526-27 (1984)(followed)
- Bell v. Wolfish, 441 U.S. 520, 547 (1979)(followed)
- Jones v. Anderson, 116 F.4th 669, 678 (7th Cir. 2024)(followed)
- Whitman v. Nesic, 368 F.3d 931, 934-35 (7th Cir. 2004)(followed)
- King v. McCarty, 781 F.3d 889, 897 (7th Cir. 2015)(followed)
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