In what circumstances will a court dismiss a claim that a prison guard violated the privacy of a prisoner by searching his cell?

MultiRegion, United States of America

The following excerpt is from Christianson v. Kincheloe, 857 F.2d 1477 (9th Cir. 1988):

In his complaint, appellant alleged that prison guards violated his fourth amendment rights by searching his cell. A prisoner has no legitimate expectation of privacy and the fourth amendment's prohibition on unreasonable searches does not apply in prison cells. Hudson v. Palmer, 468 U.S. 517, 530 (1984). "The recognition of privacy rights for prisoners in their individual cells simply cannot be reconciled with the concept of incarceration and the needs and objectives of penal institutions." Id. at 526. Accordingly, because appellant has no constitutionally-protected interest in his prison cell, the district court properly dismissed this claim.

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