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BYRD v. MARICOPA COUNTY SHERIFF'S DEPT.

No. 07-16640.

629 F.3d 1135 (2011)

Charles Edward BYRD, Plaintiff-Appellant, v. MARICOPA COUNTY SHERIFF'S DEPARTMENT; Joseph M. Arpaio; Kathleen O'Connell; Austin Peterson; Durango Jail, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 5, 2011.

Attorney(s) appearing for the Case

Douglas B. Adler , Robert J. Herrington (argued), and Byron McLain , Skadden, Arps, Slate, Meagher & Flom LLP, Los Angeles, CA, for the plaintiff-appellant.

Eileen D. GilBride , Jones, Skelton & Hochuli, P.L.C., Phoenix, AZ, for the defendants-appellees.

Opinion by Judge RAWLINSON; Partial Concurrence and Partial Dissent by Judge N.R. Smith.

OPINION

RAWLINSON, Circuit Judge:

Charles E. Byrd (Byrd), a pretrial detainee at the time, was subjected to a cross-gender strip search of his genital area. Because the strip search was unreasonable under the facts of this case, we reverse the district court's entry of judgment in favor of Defendants-Appellees Maricopa County Sheriff's Department and then-cadet Kathleen O'Connell (O'Connell).

I. BACKGROUND

While Byrd was a pretrial...

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