Albert W. FLORENCE
v.
BOARD OF CHOSEN FREEHOLDERS OF the COUNTY OF BURLINGTON; Burlington County Jail; Warden Juel Cole, Individually and officially as Warden of Burlington County Jail; Essex County Correctional Facility; Essex County Sheriff's Department; State Trooper John Doe, Individually and in his capacity as a State Trooper; John Does 1-3 of Burlington County Jail & Essex County Correctional Facility who performed the strip searches; John Does 4-5
Essex County Correctional Facility; Essex County Sheriff's Department, Appellants in 09-3603
Board of Chosen Freeholders of the County of Burlington; Warden Juel Cole, Appellants in 09-3661.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Alan Ruddy , [Argued], Office of County Counsel, County of Essex, Newark, NJ, Attorney for Essex County Correctional Facility and Essex County Sheriff's Department; Appellants in 09-3603 & Appellees in 09-3661.
Sean X. Kelly , Sean Robins , Marks, O'Neill, O'Brien & Courtney, Pennsauken, NJ, Attorney for Amicus Appellant County of Atlantic and Gary Merline.
Seth R. Lesser , Klafter Olsen & Lesser, Rye Brook, NY, Attorney for Amicus Appellees Ronald Allen, Edward Bizarro, Joseph DePietro, Donald Dillard, Mel Free El, Tammy Marie Hass, Alphonso Johnson, John Moore, Konstanti Sidieras, Paul M. Takacs, April Wedding, Harvey Weintraub, Justin Wennah, Sandra King Wilson and Richard Wright.
Ernest R. Bazzana , Mary Massaron-Ross , Plunkett Cooney, Detroit, MI, Attorneys for Amicus Appellant Meadowbrook Inc., New Jersey County Jail Wardens Association, Sheriffs Association of New Jersey.
Edward L. Barocas , American Civil Liberties Union of New Jersey Foundation, Newark, NJ, Attorney for Amicus Appellees Robert J. Del Tufo; Zulima Farber, John Farmer, Peter C. Harvey, Deborah T. Poritz.
James M. Mets , Mets, Schiro McGovern, Woodbridge, NJ, Attorney for Amicus Appellant Policemens Benevolent Association Local 249.
Jennifer R. Clarke , Public Interest Law Center of Philadelphia, Philadelphia, PA, David Rudovsky , Kairys, Rudovsky, Messing & Feinberg, Philadelphia, PA, Attorney for Amicus Appellee Pennsylvania Prison Society.
Before: SLOVITER and HARDIMAN, Circuit Judges and POLLAK, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
HARDIMAN, Circuit Judge.
This interlocutory appeal requires us to decide whether it is constitutional for jails to strip search arrestees upon their admission to the general population. Although the question is one of first impression for this Court, the Supreme Court's decision in Bell v. Wolfish,441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979), and the many cases that followed it inform...
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