Docket Nos. 00-7061(L), 00-7069(XAP).

273 F.3d 56 (2001)

Ray E. SHAIN, Plaintiff-Appellee-Cross-Appellant, v. John ELLISON, (Shield No. 761), individually and as a Nassau County police officer; John Doe, individually and as an Assistant District Attorney of Nassau County; The County of Nassau, a Municipal Corporation; Joseph Jablonsky, Defendants-Appellants-Cross-Appellees, James H. Madden, individually and as a Judge of Nassau County, Defendant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 19, 2001.

Attorney(s) appearing for the Case

Robert L. Herbst, Herbst & Greenwald, LLP (Gayle Pollack, on the brief), New York, NY; Ray E. Shain, pro se, Williston Park, NY, for Plaintiff-Appellee-Cross-Appellant.

Paul F. Millus, Snitow & Cunningham, LLP (Robert P. Devlin, on the brief), New York, NY, for Defendants-Appellants-Cross-Appellees County of Nassau and Joseph Jablonsky.

Carol Fischer, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, Robert E. Forte, Deputy Solicitor General, and Michael S. Belohlavek, Assistant Solicitor General, on the brief), New York, NY, for Cross-Appellee Judge James H. Madden.

Herbst & Greenwald, LLP (Robert L. Herbst and Gayle Pollack of counsel), New York, NY, for Amici Curiae Putative Class Members in Augustin v. Jablonsky.

Emery Cuti Brinckerhoff & Abady PC (Richard D. Emery, Matthew D. Brinckerhoff, John R. Cuti, and Nina Morrison, of counsel), New York, N.Y. for Amici Curiae 65,000 Class Members in Tyson v. City of New York and Plaintiffs in O'Day v. Nassau County.

Daniel L. Greenberg, Sarah Kerr, John Boston, Laura Johnson, New York, NY, for Amicus Curiae Legal Aid Society.

Michael D. Hess, Corporation Counsel of the City of New York (Larry A. Sonnenshein and Kathleen Alberton of counsel), New York, NY, for Amicus Curiae New York City Department of Correction.

Before: CABRANES, POOLER, KATZMANN, Circuit Judges.

POOLER, Circuit Judge:

This appeal requires us to determine whether it was clearly established in July 1995 that corrections officers in a local correctional facility could not perform a strip search including a non-intrusive examination of body cavities on an individual arraigned on misdemeanor charges unless the officers had reasonable suspicion that the individual possessed contraband or weapons. We hold that after this court's decisions in Wachtler v. County...


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