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JORDON v. GARDNER

Nos. 90-35307, 90-35552.

953 F.2d 1137 (1992)

Nina JORDON; Susan Bagley; Sharon Hanson; Sandra Entz; Yvonne Wood, Plaintiffs-Appellees, v. Booth GARDNER; Chase Riveland; Lawrence Kincheloe; Eldon Vail; Richard Affresio, Defendants-Appellants, and Washington State Corrections Employees Association, Defendant-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided January 10, 1992.

As Amended April 2, 1992.

Attorney(s) appearing for the Case

Therese M. Wheaton, Asst. Atty. Gen., Corrections Div., Olympia, Wash., for defendants-appellants.

Karl Nagel, Aitchison & Hoag, Walla Walla, Wash., for defendant-intervenor.

Timothy K. Ford, MacDonald, Hoague & Bayless, Seattle, Wash., for plaintiffs-appellees.

Mary Megan McLemore, Preston, Thorgrimson, Shidler, Gates & Ellis, Bellevue, Wash., for plaintiff-intervenor.

Before WALLACE, Chief Judge, O'SCANNLAIN, Circuit Judge, and BURNS, District Judge.

WALLACE, Chief Judge:

Gardner and other officials connected with the Washington Corrections Center for Women (prison officials) appeal from the district court's order enjoining them from implementing a policy which involves routine and random cross-gender pat searches. The prison officials argue that the district court erred by holding that the searches violate inmates' first, fourth, and eighth amendment rights. The district court had jurisdiction pursuant to 28...

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