The following excerpt is from Byrd v. Maricopa Cnty. Sheriff Joe Arpaio, No. 15-16282 (9th Cir. 2017):
This is not the first time Byrd has challenged defendants' policies for pretrial detainees. See Byrd v. Maricopa Cty. Sheriff's Dep't, 629 F.3d 1135, 1147 (9th Cir. 2011) (en banc) (agreeing with Byrd and holding that a cross-gender strip search in the absence of an emergency violates a pretrial detainee's Fourth Amendment rights). This time, he alleges in his handwritten pro se complaint (technically his second amended complaint) that defendants' policy of having female guards regularly view his bathroom and shower use from four to five feet away violates his Fourth and Fourteenth Amendment rights, and causes him severe emotional harm due to his own history of abuse. He also alleges that this policy conflicts with defendants' policy that prohibits female guards from strip searching male prisoners in non-emergency situations.
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