Kendrick Story v. Maxcie Foote

782 F.3d 968, 2015 U.S. App. LEXIS 5719, 2015 WL 1566740
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 9, 2015
Docket13-2834
StatusPublished
Cited by56 cases

This text of 782 F.3d 968 (Kendrick Story v. Maxcie Foote) 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
Kendrick Story v. Maxcie Foote, 782 F.3d 968, 2015 U.S. App. LEXIS 5719, 2015 WL 1566740 (8th Cir. 2015).

Opinions

COLLOTON, Circuit Judge.

Kendrick C. Story, an African-American inmate in Arkansas, sued four correctional officers pursuant to 42 U.S.C. § 1983, alleging that they violated his constitutional rights and seeking damages. Story’s pro se complaint and amended complaint focus on a visual body-cavity search that one or more officers allegedly conducted of Story’s person on April 16, 2013. The search occurred after Story returned to the Williams Correctional Facility from the Pine Bluff unit school. The district court,1 screening the complaints before service of process pursuant to 28 U.S.C. § 1915A, dismissed them without prejudice for failure to state a claim. Story appealed, and this court requested a response from the correctional officers concerning Story’s claims under the Fourth Amendment. We review the dismissal de novo and affirm.

To state a claim, Story’s complaint “must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) {quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Correctional officers are entitled to qualified immunity unless they violated clearly established rights of the inmate of which a reasonable person would have known, see Pearson v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009), and we may consider the defense of* qualified immunity in reviewing the dis[970]*970trict court’s preservice dismissal. See 28 U.S.C. § 1915A(b)(2); Maness v. Nisi. Court, Logan Cnty.-N. Div., 495 F.3d 943, 944-45 (8th Cir.2007); Burlison v. United States, 627 F.2d 119, 122 (8th Cir.1980). Although the district court dismissed the complaints for failure to state a claim without addressing qualified immunity, we may affirm on any ground supported by the record. Jacobson v. McCormick, 763 F.3d 914, 916-17 (8th Cir.2014); Graves v. City of Coeur d’Alene, 339 F.3d 828, 845 n. 23 (9th Cir.2003). It is unnecessary and inefficient to address whether Story adequately pleaded a constitutional violation, see Pearson, 555 U.S. at 236-37, 129 S.Ct. 808, if the defense of qualified immunity is established on the face of the complaint.

“Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments, and protects all but the plainly incompetent or those who knowingly violate the law.” Stanton v. Sims, — U.S. -, 134 S.Ct. 3, 5, 187 L.Ed.2d 341 (2013) (internal quotation marks omitted). To overcome qualified immunity, a plaintiff must be able to prove that “every reasonable official would have understood that what he is doing violates” a constitutional right, Ashcroft v. al-Kidd, — U.S. -, 131 S.Ct. 2074, 2083, 179 L.Ed.2d 1149 (2011) (internal quotation marks omitted), and that the constitutional question was “beyond debate.” Id.; see also Lane v. Franks, — U.S. -, 134 S.Ct. 2369, 2383, 189 L.Ed.2d 312 (2014); Stanton, 134 S.Ct. at 7.

Story’s lead point on appeal is that he stated a claim that the defendants violated his Fourth Amendment rights by conducting a visual body-cavity search of his person. According to the complaint and materials attached thereto, Story returned on the date in question to the Williams Correctional Facility from the Pine Bluff unit school. When he arrived at the gate, he was met by Captain John Herrington and Major Maxcie Foote. Story alleges that officers told him to remove his clothes, to lift his genitals, and to bend over and spread his buttocks to facilitate a visual body-cavity search. He claims that the search took place in front of other inmates and in view of two security cameras. He complains that one or more female correctional officers observed the search through a video feed from the cameras in the master control room.

The Supreme Court never has resolved whether convicted inmates retain a Fourth Amendment right against, unreasonable searches while in custody. The Court in Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979), assumed the point for the sake of analysis. Id. at 557, 99 S.Ct. 1861. In Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984), the Court held that the Fourth Amendment did not apply to a search of a prison cell, reasoning that “[a] right of privacy in traditional Fourth Amendment terms is fundamentally incompatible with the close and continual surveillance of inmates and their cells required to ensure institutional security and internal order.” Id. at 527-28, 104 S.Ct. 3194. The Seventh Circuit, in the wake of Hudson, ruled that inmates retain no right under the Fourth Amendment against visual inspections by prison guards. Johnson v. Phelan, 69 F.3d 144, 146-47 (7th Cir.1995). This court, however, has said that “prison inmates are entitled to Fourth Amendment protection against unreasonable searches of their bodies,” Levine v. Roebuck, 550 F.3d 684, 687 (8th Cir.2008), and allowed a Fourth Amendment claim challenging strip searches to proceed in Seltzer-Bey v. Delo, 66 F.3d 961, 963 (8th Cir.1995). The Arkansas Supreme Court, as best we can tell, has never addressed the question. The [971]*971Supreme Court recently has reserved judgment twice on the question whether decisions of a federal court of appeals are a source of clearly established law for purposes of qualified immunity analysis. See Carroll v. Carman, — U.S. -, 135 S.Ct. 348, 350, 190 L.Ed.2d 311 (2014) (per curiam); Reichle v. Howards, — U.S. -, 132 S.Ct. 2088, 2094, 182 L.Ed.2d 985 (2012). Following the approach of the Court in those cases, we assume for the sake of analysis that our decisions clearly establish that a convicted inmate has rights under the Fourth Amendment against unreasonable searches of his body.

Whether Story’s allegations state a claim that correctional officers violated his clearly established rights under the Fourth Amendment must be considered in light of prior decisions in this area. In Wolfish, the Supreme Court ruled that visual body-cavity inspections of inmates at a federal custodial facility — conducted after every contact visit with a person from outside the institution — were not unreasonable. 441 U.S. at 558 & n. 39, 99 S.Ct. 1861. In Goff v. Nix, 803 F.2d 358 (8th Cir.1986), this court held that it was reasonable for officials to conduct visual body-cavity searches of inmates at a state penitentiary whenever an inmate left or entered the institution.

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Bluebook (online)
782 F.3d 968, 2015 U.S. App. LEXIS 5719, 2015 WL 1566740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kendrick-story-v-maxcie-foote-ca8-2015.