Cross-gender Searches: A Case Law Study
National PREA Resource Center (PRC); National Council on Crime & Delinquency (NCCD); U.S. Department of Justice's Bureau of Justice Assistance (BJA); NIC/WCL Project on Addressing Prison Rape
Inmates and detainees retain a limited privacy right when detained in correctional settings, particularly in the context of cross-gender searches. Jurisdictions have approached the competing interests of privacy and cross-gender searches quite differently, finding liability for correctional officers, supervisors, and facilities under a variety of circumstances. These decisions are highly fact-sensitive, and the jurisprudence has evolved rapidly. This document provides an overview of cross-gender search cases in both state and federal courts, focusing on what types of conduct most often result in individual and supervisory liability.
Smith, Brenda V.; Loomis, Melissa C.; and Gordon, Amy, "Cross-gender Searches: A Case Law Study" (2013). Reports. 39.