Since contraband is a major issue in juvenile halls and youth camps, it is important for these establishments to take the necessary measures to prevent contraband entering the premises, as contraband can pose a risk to all detained youth and staff. Preventative measures can include searches.
Cavity searches, especially, can prove to be necessary for identifying contraband; however, there are certain guidelines that must be followed to ensure that these searches remain lawful. When juvenile halls and youth camps fail to adhere to the specific guidelines set by law, then they can be sued.
If you were subjected to unlawful cavity searches while you were incarcerated at a juvenile hall or camp, you could have the right to file a lawsuit. You could also be entitled to receive compensation. For more information about the legal options available to you, we urge you to seek legal assistance with the expert legal team here at our law firm. Our team here at the Normandie Law Firm has decades of experience and is ready to provide you with the guidance that you need to begin or continue your juvenile hall cavity search lawsuit. If you are ready to speak with our experts, contact us today.
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A Breakdown of Lawful and Unlawful Searches in Juvenile Halls and Youth Camps
Under Penal Code § 4030(d)(1), juveniles may be subject to a number of searches to “discover and retrieve concealed weapons and contraband substances” before being placed in a booking cell. These lawful searches include the following:
- Pat down searches
- Metal detector searches
- Body scanner searches
- Clothing searches
Can minors be subjected to more invasive searches? In some cases, more invasive searches, like cavity searches are necessary. However, it is important to note that cavity searches are not the norm. Under PEN § 4030(e), minors with the exception of those who are “alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to [cavity searches]” unless there is a “reasonable suspicion…to believe that person is concealing a weapon or contraband.” When there is reasonable suspicion, these searches must be conducted with the “prior written authorization of the supervising officer on duty.”
To summarize, cavity searches can be lawful if the minor committed a felony or a crime involving weapons, drugs, or violence, or if there is a reasonable suspicion that the minor may be concealing contraband or weapons. When the search is based on reasonable suspicion, then the search must first be approved by a warrant.
In addition, when cavity searches are approved, the law also requires that cavity searches be conducted in an area of privacy, in sanitary conditions, and all those present with the exception of the nurse/doctor performing the search must be the same sex as the detained youth.
What does the law say about strip searches? Strip searches are also considered invasive searches like cavity searches. The same rules apply to strip searches, with the exception of the sanitary conditions and the same-sex staff requirement.
Can I File a Lawsuit for an Unlawful Cavity Search at a Juvenile Hall or Youth Camp?
Yes, you could have the right to file a lawsuit. The right to sue is based on PEN § 4030 (o), which states that those who are subjected to unlawful searches could pursue civil action to recover actual damages or a minimum of $1,000. In other words, you could have the right to pursue a lawsuit for an unlawful cavity search. For more information about the legal options available to you, please do not hesitate to reach out to our legal team. Although coming forward with a claim can be difficult, we are committed to helping. Our experts are fully dedicated to fighting for your rights and helping you pursue your claim.
Can I File a Lawsuit for Sexual Abuse? Yes – an unlawful cavity search can be a form of sexual abuse. Juveniles subject to unlawful cavity searches may actually have the right to pursue child sex abuse claims. Please do not hesitate to reach out to our experts to learn more about the legal options available to you.
Compensation is Available for Those Subjected to Unlawful Cavity Searches
Can I recover compensation if I was subjected to an illegal cavity search at a juvenile hall? Yes, you could be eligible to recover compensation. Under PEN § 4030 (o), you could be eligible to recover a minimum of $1,000 or actual damages. If you decide to pursue a claim for actual damages, you could be eligible to recover compensation for some of the following:
- Medical costs
- Lost earning
- Pain and suffering
- Punitive damages
- Treble damages
- Legal costs
How much can I be entitled to receive? Unfortunately, this is a relatively difficult question to answer. Every claim is different, so no specific value will ever apply to all juvenile hall unlawful cavity search claims. The value of these claims is based on the facts, including the type of harm suffered, the permanency of the harm, and more. In general, juvenile hall sex abuse cases are high value cases that can be worth up to $5 million. In the past, class action lawsuits have been worth $20 million to $25 million.
Our juvenile hall unlawful cavity search sex abuse lawyers are fully committed to fighting for the rights of our clients and securing the maximum payout available for their claims. Whether out experts have to negotiate a settlement or take your claim to trial to get a verdict, you can be certain that our team will do everything necessary to secure the payout that you are owed. For more information about the compensation that you could be entitled to receive, contact us today.
The Normandie Law Firm Can Help You!
If you were unlawfully subjected to a cavity search while you were detained at a juvenile hall or youth camp, you could file a lawsuit to fight for your rights. More specifically, you could sue the county or the overseeing entity (which is usually the probation department) for the damages that you suffered. If you are ready to explore the legal options available, contact us today. The experts here at our law firm have decades of experience and are ready to provide you with the guidance that you need to get justice.
Our team offers free case evaluations, which include free consultations and free second opinions. During these free case evaluations, our team will be available to answer all your questions, address all your concerns, and provide you with all the information that you need to start or continue your unlawful cavity search lawsuit. If you are ready to schedule a free case evaluation, contact us today.
Zero-Fee Guarantee: you will never be required to pay any upfront legal fees for any of our legal services. In addition, we work on contingency, so you will not be required to pay anything if your claim is not successful. If you do not win, you simply will not pay anything.
Other Pages on Our Website Related to This Topic
Strip Search While Held at a Juvenile Hall or Camp
Strip Searches at Juvenile Halls
Cavity Searches at Juvenile Detention Centers
