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JOHNSON v. GOVERNMENT OF DIST. OF COLUMBIA

No. 11-5115.

734 F.3d 1194 (2013)

Dianna JOHNSON, et al., Appellees Rubbiya Muhammed, et al., Appellants v. GOVERNMENT OF the DISTRICT OF COLUMBIA and Todd Dillard, Individually and Officially, United States Marshal, D.C. Superior Court, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 2013.

Attorney(s) appearing for the Case

William Charles Cole Claiborne III argued the cause for appellants. With him on the briefs were Barrett S. Litt and Paul J. Estuar . Lynn E. Cunningham entered an appearance.

Robin M. Meriweather , Assistant U.S. Attorney, argued the cause for appellee Todd Dillard. With her on the brief were Ronald C. Machen, Jr. , U.S. Attorney, and R. Craig Lawrence and W. Mark Nebeker , Assistant U.S. Attorneys.

Stacy L. Anderson , Assistant Attorney General, Office of the Attorney General for the District of Columbia, argued the cause for appellee District of Columbia. With her on the brief were Irvin B. Nathan , Attorney General, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General. Louis A. Kleiman entered an appearance.

Opinion concurring in part and concurring in the judgment filed by Circuit Judge ROGERS.

TATEL, Circuit Judge:

Concerned that contraband poses significant dangers to inmates and employees, many penal institutions strip search incoming detainees. The appropriateness of these invasive procedures doubtless looks different from the perspective of detainees such as Appellants—women forced to endure strip searches while awaiting presentment hearings at the District of Columbia Superior Court. Alleging that such searches violate the Fourth Amendment and...

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