U.S. appeals court: strip search.

Shain v. Ellison, 356 F.3d 211 (2nd Cir. 2004). A misdemeanor detainee in a county correctional facility challenged a blanket policy that required strip searches of all detainees, regardless of the nature of the crime for which they were detained. The detainee sought a declaration that the policy was unconstitutional, monetary damages, and injunctive relief. The district court entered judgment in favor of the detainee and awarded $1 in nominal damages. The parties appealed and the appeals court affirmed in part, and remanded on the issue of injunctive relief. On remand, the district court granted injunctive relief to the detainee and the defendants again appealed. The appeals court vacated and remanded, finding that the detainee lacked standing to seek prospective injunctive relief because he failed to show that he was likely to be rearrested or that he would be remanded to the county correctional facility overnight if he was rearrested. The court noted that the county had implemented a new policy that required reasonable suspicion that a detainee is concealing contraband to justify a search. (Nassau County Correctional Center, New York)