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FORTNER v. THOMAS

No. 90-8924.

983 F.2d 1024 (1993)

Johnny FORTNER, Plaintiff-Appellant, Tony Anderson, Plaintiff, Paul J. Tyner, Plaintiff-Appellant, Darrell Phillips, Johnny Sorey, and James McClendon, Plaintiffs, v. A.G. THOMAS, Warden, Thomas Byrd, Executive Assistant and Donnell Lewis, Hearing Officer, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 18, 1993.

Attorney(s) appearing for the Case

James Elliott, Savannah, GA (court-appointed), for plaintiffs-appellants.

John C. Jones, State Law Dept., Atlanta, GA, for defendants-appellees.

Before HATCHETT, Circuit Judge, HENDERSON and ESCHBACH, Senior Circuit Judges.

HATCHETT, Circuit Judge:

As a matter of first impression in this circuit, we hold that a prisoner retains a constitutional right to bodily privacy. We remand this case to the district court for application of the test announced in Turner v. Safley, 482 U.S. 78, 89-91, 107 S.Ct. 2254, 2261-63, 96 L.Ed.2d 64 (1987), to determine whether the prison regulations unreasonably impinge on the prisoners' constitutional rights to bodily...

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