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POWELL v. BARRETT

No. 05-16734.

541 F.3d 1298 (2008)

C. Alan POWELL, individually, and on behalf of all others similarly situated, Tory Dunlap, individually, and on behalf of all other similarly situated, Lee Antonio Smith, individually, and on behalf of all other similarly situated, David Evans, individually, and on behalf of all others similarly situated, Plaintiffs-Appellees Cross-Appellants, v. Sheriff Jacqueline BARRETT, Fulton County, State of Georgia, Sheriff Myron Freeman, Fulton County, State of Georgia, Chairperson Karen Handel, Fulton County Board of Commissioners, Member Robb Pitts, Fulton County Board of Commissioners, Member Tom Lowe, Fulton County Board of Commissioners, Member Emma I. Darnell, Fulton County Board of Commissioners, Member Nancy A. Boxill, Fulton County Board of Commissioners, Member William Edwards, a.k.a. Bill Edwards, Fulton County Board of Commissioners, City of Atlanta, State of Georgia, Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 4, 2008.

Attorney(s) appearing for the Case

Sidney Leighton Moore, III, Troutman Sanders, LLP, Theodore H. Lackland, Lackland & Heyward, Teresa Wynn Roseborough, John H. Fleming, Sutherland, Asbill & Brennan, Dennis M. Young, City of Atlanta, Law Dept., Atlanta, GA, for Defendants.

William Charles Claiborne, III, Washington, DC, George Brian Spears, Law Office of Brian Spears, Charles B. Pekor, Jr., Daniel Eliot DeWoskin, Pekor & DeWoskin, LLC, Coy J. Johnson Rolesia Butler Dancy, Willie Jake Lovett, Jr., Office of Fulton Cty. Atty., Overtis Hicks Brantley, City of Atlanta Law Dept., Atlanta, GA, Barrett S. Litt, Litt, Estuar, Harrison, Miller & Kitson, LLP, Los Angeles, CA, for Plaintiffs.

Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS, WILSON and PRYOR, Circuit Judges.

CARNES, Circuit Judge:

We granted rehearing en banc to decide whether a policy or practice of strip searching all arrestees as part of the process of booking them into the general population of a detention facility, even without reasonable suspicion to believe that they may be concealing contraband, is constitutionally permissible. We answer that question in the affirmative, at least where the strip search is no more intrusive than the one the Supreme Court upheld...

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