OHIO CIVIL SERVICE EMPLOYEES ASS'N v. SEITER

Nos. 85-3836, 87-3040.

858 F.2d 1171 (1988)

OHIO CIVIL SERVICE EMPLOYEES ASSOCIATION, et al., Plaintiffs-Appellees, v. Richard P. SEITER, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 4, 1988.


Attorney(s) appearing for the Case

Gene W. Hollicker, Chief, Federal Litigation Sec., Columbus, Ohio, William J. Edwards, Asst. Atty. Gen., William J. Steele, argued, for defendants-appellants.

Dennis R. Morgan, Columbus, Ohio, for Intervenor.

Craig Becker, Lead Counsel, argued, Kirschner, Weinberg, Dempsey, Washington, D.C., Marc Mezibov, Furer, Moskowitz & Mezibov, Cincinnati, Ohio, for plaintiffs-appellees.

Before ENGEL, Chief Judge, and KENNEDY and KRUPANSKY, Circuit Judges.


ENGEL, Chief Judge.

The single issue in this appeal is whether Ohio prison officials are entitled to qualified immunity from a suit arising from their decision to authorize strip and body cavity searches of prison employees. Since we conclude that the Fourth Amendment right to be free of such searches was not clearly established at the time of their implementation, we hold that the Ohio officials were indeed immune from personal liability.

Plaintiffs, nine...

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