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ROBERTS v. RHODE ISLAND

No. 00-1752.

239 F.3d 107 (2001)

Craig L. ROBERTS, Sr., Plaintiff, Appellee, v. State of RHODE ISLAND, George Vose, in His Capacity as Director of the Rhode Island Department of Corrections, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 13, 2001.

Attorney(s) appearing for the Case

Rebecca Tedford Partington, Assistant Attorney General, with whom Sheldon Whitehouse, Attorney General, was on brief, for appellants.

Gregory A. Bölzle, with whom Brown, Todd & Heyburn, PLLC and Thomas W. Kelly, were on brief, for appellee.

Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, and SARIS, District Judge.

TORRUELLA, Chief Judge.

Two Rhode Island Department of Corrections ("DOC") policies provide that all males committed to the state prison be subject to a strip search and a visual body cavity search1 upon incarceration as a matter of routine procedure. Appellee Craig Roberts challenged these policies as unconstitutional. The district court agreed that the policies were unconstitutional, holding that this Court's decision in Swain v....

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