Gonzalez v. Narcato.

U.S. District Court

PLACEMENT

SEARCHES

Gonzalez v. Narcato, 363 F.Supp.2d 486 (E.D.N.Y. 2005). An inmate brought a [section] 1983 action against prison officials, alleging violation of his First and Fourth Amendment rights. The district court granted summary judgment for the defendants. The court held that the prison officials' decision to prevent the inmate from attending a ceremony in the prison chapel conducted by a Catholic cardinal was reasonable and therefore did not violate the inmate's First Amendment rights to petition the government for redress of grievances. The court noted that the inmate had made hostile requests that the prison chaplain contact the cardinal to request his support in challenging his conviction, that the inmate told the chaplain he intended to attend the ceremony despite a prohibition and to confront the cardinal there, and a Catholic church official reported that the inmate had written belligerent letters to the cardinal. The court held that the officials' decision to place the inmate in a solitary housing unit for seven hours during the ceremony due to the security risk the inmate posed to the cardinal was reasonable and did not violate the inmate's due process rights. The court found that a corrections department policy that required all inmates being admitted to a solitary housing unit (SHU) to undergo a strip frisk search to assure they had no contraband was reasonable and did not violate the inmate's Fourth Amendment right to be free from unreasonable searches. (Arthur Kill Correctional Facility, New York)