When youth are brought into juvenile halls, staff must search youth to ensure that no contraband is being brought onto the facility, as contraband can prove to represent a risk to the new inmate, other detained youth, and even staff. However, there are guidelines that juvenile hall staff must follow when conducting cavity searches. When these facilities fail to follow these guidelines – which are established by state law – then they are essentially sexually abusing juveniles.
If you were subject to a cavity search at a juvenile hall that did not meet the guidelines established by state law, you could have the right to file a sexual abuse lawsuit. For more information about the legal options available to you, please do not hesitate to contact the experts here at the Normandie Law Firm as soon as possible.
Our team here at the Normandie Law Firm has decades of experience handling sexual abuse claims and is ready to take on counties or any other entities to protect the rights of our clients. If you are ready to speak with our juvenile hall sex abuse lawyers here at the Normandie Law Firm, contact us today. Let us get you the justice that you are owed!
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What is a Cavity Search?
A “body cavity” refers to the stomach or rectal cavity, or the vagina in female individuals. A “visual body cavity search” refers to the visual inspection of said body cavities. On the other hand, a “physical body cavity search” refers to the physical intrusion into a body cavity in search of any objects concealed in said body cavity. In general, anal cavity searches and other cavity searches are conducted to prevent certain items and contraband from entering the premises. This can include weapons, controlled substances, evidence to crimes, or other contraband.
Understanding California Law Relating to Cavity Search in Juveniles
There are many laws relevant to these searches. Consider the following information:
- PEN § 4030(d)(1): “If a person is arrested and taken into custody, that person may be subjected to patdown searches, metal detector searches, body scanners, and…clothing searches in order to discover and retrieve concealed weapons and contraband substances prior to being placed in a booking cell.”
- PEN § 4030(e): “a minor detained prior to a detention hearing…except for those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to [cavity searches] unless a peace officer has determined there is reasonable suspicion…to believe that person is concealing a weapon or contraband. [Searches] may not be conducted without the prior written authorization of the supervising officer on duty.”
- PEN § 4030(g): “A person arrested on a misdemeanor or infraction offense, or a minor described in subdivision (b), shall not be subjected to a physical body cavity search except under the authority of a search warrant issued by a magistrate specifically authorizing the physical body cavity search.”
- PEN § 4030(j): “A physical body cavity search shall be conducted under sanitary conditions, and only by a physician, nurse practitioner, registered nurse, licensed vocational nurse, or emergency medical technician Level II licensed to practice in this state. A physician engaged in providing health care to detainees and inmates of the facility may conduct physical body cavity searches.”
- PEN § 4030(k)(1): “A person conducting or otherwise present or within sight of the inmate during a…physical body cavity search shall be of the same sex as the person being searched, except for physicians or licensed medical personnel.”
- PEN § 4030(l): “All…physical body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search.”
What does this all mean? To summarize, although detained youth may be subject to certain searches, they cannot be subject to cavity searches unless there is a reasonable suspicion that juveniles are actually concealing something within their body. When a cavity search is necessary, there must be a warrant to authorize the search. The cavity search must be conducted in a private area with only the same-sex present, with the exception of the person actually conducting the search. The search must be conducted under sanitary conditions by a doctor, nurse, EMP, or a facility doctor, for example.
If you were subject to a cavity search in violation of these laws, the cavity search may be considered sexual abuse – and the facility and the county operating the facility could be found liable and could be sued.
What If I was Subjected to a Strip Search?
As mentioned above, all detained youth may be subject to pat-down searches, clothing searches, metal detector searches, and body scanner searches. Strip searches fall into the same category as cavity searches. The law discussed above applies to strip searches as well. In other words, detained youth cannot be strip searched without proper authorization – a warrant. If you were subjected to an unlawful strip search, you could have grounds to pursue a sex abuse lawsuit. For more information about the legal options available to you, please do not hesitate to reach out to our team. We can help you understand your rights and get justice for the harm that you suffered.
Can I File a Lawsuit?
Yes, under you could have the right to file a lawsuit. Was the staff making sexual comments? Were guards making comments while conducting the cavity search? Whether there was inappropriate conduct during a search or the search was conducted unlawfully, you could have the right to sue. You could also be entitled to receive compensation. In fact, under PEN § 4030 (o), you may be able to “bring a civil action to recover actual damages, or one thousand dollars ($1,000), whichever is greater. In addition, the court may, in its discretion, award punitive damages, equitable relief as it deems necessary and proper, and costs, including reasonable attorney’s fees.”
Of course, it can be very difficult for victims to come forward after suffering sexual abuse in juvenile halls and camps. After all, sex abuse to minors associated with unlawful cavity searches can be very traumatic. In addition to physical injuries, victims can suffer from post-traumatic stress, depression, anxiety, fear, panic, etc. Here at our law firm, we are committed to getting our clients justice. We can help you fight for your rights.
For more information about your right to sue, contact us at your earliest convenience.
Can I Recover Compensation?
Yes, you could be entitled to receive compensation for the damages that you suffered. Although every claim is different, you could be entitled to receive compensation for medical costs, lost pay, pain and suffering, punitive damages, and legal fees. As mentioned above, the law entitles you to $1,000 or actual damages – whichever is greater. How much can my case be worth? In general, child sex abuse cases involving juvenile halls are high value cases – because they involve minors and government entities. These cases can be worth anywhere from $150,000 to $5 million depending on the facts surrounding each case.
Here at our law firm, our unlawful cavity search child sex abuse lawyers are fully committed to getting our clients the maximum recovery available for their claims. Whether our team has to negotiate a settlement or take your claim to trial to reach a verdict, you can trust that our experts are ready to go above it all to get you the payout that you are owed.
Contact the Normandie Law Firm Today
Unfortunately, juvenile halls have proven to be a danger to detained youth. Countless minors suffer sexual abuse at the hands of staff, some as early as when they first step foot on the facility. If you suffered sexual abuse through unlawful cavity search or any other sexual misconduct from staff, it is important that you know that you are not alone. You could have the right to file a lawsuit and receive compensation for the sexual abuse that you endured. If you are ready to explore the legal options available to you, please do not hesitate to contact the experts here at our law firm as soon as possible. The Normandie Law Firm is ready to get you the justice that you are owed.
We are committed to remaining accessible to all; therefore, we offer free legal services. During these free legal services, our team will be available to answer all your questions and address all your concerns. Our juvenile hall child sex abuse lawyers are ready to provide you with all the information that you need to pursue your claim against the negligent county or other entity responsible for the sexual abuse that you suffered. To schedule a free case evaluation, contact us today.
We are proud to offer a Zero-Fee Guarantee, so you will never be required to pay any upfront legal costs for any of our legal services. In addition, we work on contingency, meaning that our clients will not pay anything if their claims are not successful.
Contact us today to learn more about how our juvenile hall sex abuse lawyers can help you with your claim.
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