Blackheritageradio

Blog

Inmate’s Wife Wins $5.6m Settlement For Intrusive Strip Search

The wife of a California inmate is to receive $5.6 million after a sexual violation lawsuit against the California Department of Corrections and Rehabilitation after following a strip search while visiting her husband in prison.

Christina Cardenas was subject to a strip search by prison officials, drug and pregnancy tests, X-ray and CT scans at a hospital, and another strip search by a male doctor who sexually violated her, after traveling four hours to see her husband at a correctional facility in Tehachapi, Calif. on Sept. 6, 2019, she alleged in the lawsuit.

“My motivation in pursuing this lawsuit was to ensure that others do not have to endure the same egregious offenses that I experienced,” Cardenas said.

Prison officials conducted their searches based on a warrant, which said a strip search could only be conducted if an X-ray found any foreign objects that could be contraband in Cardenas’ body, her attorneys said. However, neither the X-ray nor CT scan found any evidence of such.

She was also put in handcuffs in a “humiliating perp walk” while being taken to and from the hospital and denied water or use of a bathroom during most of the search process. She was told she had to pay for the hospital’s services and later received invoices for a combined total of more than $5,000. Despite no contraband being found on her, belongings or her body, Cardenas was denied her visit with her husband.

Cardenas also had to undergo a strip search during a previous visit to marry her husband and continued to experience difficulties during her visits to him, though not to the same extent as the Sept. 6, 2019, incident. Her husband remains in custody today.

The settlement also requires the California Department of Corrections and Rehabilitation to distribute a policy memorandum to employees that better protects the rights of visitors who must      undergo strip searches. This includes ensuring the search warrant is read and understood by the visitor, that the visitor receives a copy of the warrant, that the scope of the warrant is read and understood by everyone involved, and the scope of the warrant is not exceeded.

Cardenas is not alone in what she experienced from correctional officers, Allred said, and hopes this case will help protect the rights of spouses and family members who visit their loved ones in prison.

California prisons have faced an ongoing problem of sexual abuse and misconduct, with the U.S. Justice Department announcing it had opened an investigation into allegations that correctional officers systematically sexually abused incarcerated women at two state-run California prisons.

Read More »