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132834P.pdf 04/09/2015 Kendrick Story v. Maxcie Foote
U.S. Court of Appeals Case No: 13-2834
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Colloton, Author, with Bye and Gruender, Circuit Judges]
Civil case - Civil rights. In action alleging defendants violated
plaintiff's Fourth Amendment rights by conducting a visual body-cavity
search of his person when he returned to the correctional facility from
outside the institution, the male officers conducting the search did not
violate plaintiff's rights by performing the search in a location where it
might be viewed by a female officer in a master video control room or
where other male inmates might be present; use of a derogatory term during
the search did not rise to the level of racial harassment; as a result,
plaintiff did not allege sufficient acts to support a plausible claim that
the search violated his clearly established constitutional rights, and the
district court did not err in dismissing the case prior to service. Judge
Bye, concurring in part and dissenting in part.