Is Orozco's claim that he was subjected to a forcible digital rectal search by prison guards in violation of his Fourth Amendment rights?

MultiRegion, United States of America

The following excerpt is from Oroczo v. Baldwin, 145 F.3d 1340 (9th Cir. 1998):

Orozco also contends that the district court erred in granting summary judgment on his claim that he was subject to a forcible digital rectal search by prison guards, in violation of his Fourth Amendment rights. This contention has merit. Defendants deny that the rectal search took place. Taken in the light most favorable to him, Orozco's complaint creates a triable issue of material fact. See Vaughan v. Ricketts, 859 F.2d 736, 739 (9th Cir.1988)(affirming denial of summary judgment on a Fourth Amendment claim where rectal searches were conducted by untrained officials in unsanitary conditions). Accordingly, the district court erred in granting summary judgment on this claim.

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