James E. Washington, Jr v. John P. Hively

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SUBMITTED JULY 26, 2012

Before POSNER, MANION, and TINDER, Circuit Judges.

The plaintiff was a pretrial de- tainee in a county jail in Wisconsin in April 2008 when he was subjected to a pat down and strip search by the defendant, a guard at the jail. He claims in this civil rights suit under 42 U.S.C. § 1983 that while patting him down the guard spent five to seven seconds gratuitously fondling the plaintiff’s testicles and penis through the plaintiff’s clothing and then while strip searching him fondled his nude testicles for two or three seconds, con- trary to jail policy which forbids touching the inmate in the course of a strip search, and again without any justification. The plaintiff claims to have suffered psycho- logical harm as a result of the guard’s gratuitous and offensive invasion of his private space. The guard denies the plaintiff’s allegations.

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