George Goff v. Crispus Nix, Warden Hal Farrier, Director of Corrections Kurt Gary, Correctional Officer Correctional Officer Matlock, (Two Cases)

803 F.2d 358
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 16, 1987
Docket84-1416, 85-1119
StatusPublished
Cited by71 cases

This text of 803 F.2d 358 (George Goff v. Crispus Nix, Warden Hal Farrier, Director of Corrections Kurt Gary, Correctional Officer Correctional Officer Matlock, (Two Cases)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
George Goff v. Crispus Nix, Warden Hal Farrier, Director of Corrections Kurt Gary, Correctional Officer Correctional Officer Matlock, (Two Cases), 803 F.2d 358 (8th Cir. 1987).

Opinions

BOWMAN, Circuit Judge.

Plaintiffs George Goff, David Heaton, and Terry Schertz are inmates at the Iowa State Penitentiary (ISP) in Fort Madison, Iowa. Asserting causes of action under 42 U.S.C. § 1983, plaintiffs allege that the conduct of visual body cavity (VBC) searches by ISP officials as a condition of any movement outside their living unit or before being taken outside the confines of the ISP violated their rights under the Fourth, Eighth, and Fourteenth Amendments to the United States Constitution. The District Court concluded that the VBC searches violated the Fourth Amendment. The court entered permanent injunctive relief prohibiting State officials from enforcing the VBC portion of their strip search policy except under limited circumstances. We reverse except as noted below.

I.

At the time of this suit, plaintiffs Goff, Heaton, and Schertz resided in ISP’s segregation units, which prison officials describe as “prison[s] within a prison.” Brief of Appellant at 26.1 In separate pro se complaints filed in February and March 1984, plaintiffs challenged the VBC search component of ISP’s strip search policy.2 The VBC search portion of the strip search policy basically applies when an inmate enters or leaves the institution or the cell-house if the inmate is in one of the segregation units, before and after contact visits or after exposure to general population inmates if the inmate is in a segregation unit, and any other time when there is a reasonable suspicion that an inmate is concealing contraband in a body cavity. See Policy No. 84-3-2-567(B)(10). The policy was implemented to insure that VBC searches are performed in a consistent and thorough manner. See Hearing Transcript at 70-71.3 On February 29, 1984, Goff filed a motion for a preliminary injunction prohibiting the enforcement of this policy. After an evidentiary hearing held on March 15, 1984, the District Court entered a preliminary [361]*361order prohibiting ISP officials from conducting VBC searches as part of their strip search procedure before or after visits with attorneys, clergy, or the prison ombudsman, and before going to or after coming from medical facilities, court appearances, or exercise areas. Goff v. Nix, 627 F.Supp. 808, 813 (1986) (order granting preliminary injunction).

In assessing the searches at issue under the Fourth Amendment, the District Court balanced the need for the VBC searches against the invasion of personal rights resulting from those searches. Id. at 810; see Bell v. Wolfish, 441 U.S. 520, 559, 99 S.Ct. 1861, 1884, 60 L.Ed.2d 447 (1979). ISP officials asserted that the VBC searches were vital to maintaining the security of the institution and of crucial significance in stemming the introduction of drugs, weapons, and other contraband into ISP and in preventing the transfer of those items between prisoners. The court, however, noted that the inmates at ISP were refusing in some instances the opportunity to visit with their attorneys and to exercise or obtain medical care. The court attributed this to ISP’s VBC search policy. Goff, 627 F.Supp. at 811-12. The court’s analysis then led it to conclude that use of the VBC search technique had an adverse effect on the inmates’ exercise of their constitutional rights to access to the courts, to legal representation, and to adequate exercise and medical care. Id. at 812. In issuing the preliminary injunction, the court stated that the prison administrators’ security concerns “may well be exaggerated and that the exercise of the inmate’s constitutional rights must take precedence____ The defendants have not convinced the Court that the security goals achieved by the vbc searches are so critical as to outweigh the exercise of inmates’ constitutional rights.” Id. at 812-13. The court further observed that “the possible addition of a few extra correctional officers, while somewhat of a burden to the defendants, is clearly a more reasonable alternative than to engage in a practice the effect of which is to deny basic human rights.” Id. (footnote omitted).4

Subsequently, plaintiffs’ actions were consolidated for trial, after which the District Court entered a permanent injunction, affirming the earlier order but modifying it to permit ISP officials to conduct VBC searches of prisoners entering or leaving the University of Iowa Hospitals. The Court’s order also suggests that plaintiffs may have a claim for damages.5 In reaching this result, the District Court first held that prison inmates retain limited Fourth Amendment rights while incarcerated. Goff v. Nix, 626 F.Supp. 736, 741 (1984). The court then found, essentially for the reasons stated in the preliminary injunction, that the VBC searches were unreasonable under the Fourth Amendment. See id. at 742-44. ISP officials appeal the District Court’s ruling, contending that the District Court erred as a matter of law in ruling that the VBC searches violated the inmates’ Fourth Amendment rights.6

II.

We begin by taking note of the repeated instruction that the Supreme Court has giv[362]*362en concerning judicial deference to the decisions of prison administrators. Although the Court has stated that “prisoners [must] be accorded those rights not fundamentally inconsistent with imprisonment itself or incompatible with the objectives of incarceration,” Hudson v. Palmer, 468 U.S. 517, 523, 104 S.Ct. 3194, 3198, 82 L.Ed.2d 393 (1984), the Court also has observed that “ ‘[l]awful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying our penal system.’ ” Pell v. Procunier, 417 U.S. 817, 822, 94 S.Ct. 2800, 2804, 41 L.Ed.2d 495 (1974) (citations omitted). In addressing claims that prison conditions or policies violate the Constitution,

courts must heed [the] warning that “[s]uch considerations are peculiarly within the province and professional expertise of corrections officials, and, in the absence of substantial evidence in the record to indicate that the officials have exaggerated their response to these considerations, courts should ordinarily defer to their expert judgment in such matters.”

Bell v. Wolfish, 441 U.S. 520, 540-41 n. 23, 99 S.Ct. 1861, 1874-75 n. 23, 60 L.Ed.2d 447 (1979), quoting Pell, 417 U.S. at 827, 94 S.Ct. at 2806; see Block v. Rutherford, 468 U.S. 576, 583-85, 104 S.Ct. 3227, 3232, 82 L.Ed.2d 438 (1984). The Court further noted that judicial deference to prison administrators should be “wide-ranging,” particularly in regard to “the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security.” Wolfish, 441 U.S. at 547, 99 S.Ct. at 1878.

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