Seventh Circuit: Delores Henry v. Melody Hulett

 

During visual inspections of the bodies of  convicted prisoners and pretrial detainees, the Fouth Amendment protects some right of bodily privacy.

Where such a search is used as punishment, the 8th Amendment is implicated.

In the absece of evidence that administrators have exaggerated the justification for the search, wide-ranging deference to the administrator.

Reasonableness hinges on scope, manner, justication, and place.

Claim for qualified immunity not raised in motion for summary judgment is waived for present appeal, but can be asserted on remand.  Waived defenses cannot be raised on appeal, forfeited defenses can be reviewed for plain error.

Remedy of decertification of class would require a cross-appeal.


Delores Henry v. Melody Hulett