Boles v. Bradley

• Decision Date: 27 November 1996
• Docket Number: No. 96-5002,96-5002
• Citation: 103 F.3d 128
• Parties: NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit. Peggy BOLES; Homer D. Boles, Plaintiffs-Appellants, Gayle Roberts; Lynn Lewis; Wanda Wiggins; Terry Taylor; Ann Lowery; Laurel H. Lawrence; Mamie Wilson; Paulette Akins; Bertha Madden; Alice P. Thomas; Debera Pittman; Dorthy Brown; Margaret White; Manella Bumpass; Norma Jackson; Susan Beard; Thelma Montgomery; Shirley Napper; Blondell J. Jackson; Amy Harris; Gary Pittman; Billy Lattimer, Plaintiffs, v. Christine BRADLEY, Individually and in her official capacity as Commissioner of the Tennessee Department of Corrections; Billy McWherter, Individually and in his official capacity as Regional Director of Prisons in the Western District; Fred Raney, Individually and in his capacity as Warden of Cold Creek Correctional Facility; Billy Compton, Individually and in his official capacity as Warden of West Tennessee High Security Facility; Tommy Mills, Individually and in his official capacity as Associate Warden of Cold Creek Correctional Facility; James Dukes, Individually and in his official capacity as Associate Warden of West Tennessee High Security Facility; Russell Kiestler, Individually and in his official capacity as an employee of the Tennessee Department of Corrections; Mary Kissell, Individually and in her official capacity as an employee of the Tennessee Department of Corrections; Clint Herron, Individually and in his official capacity as an employee of the Tennessee Department of Corrections; Juanita Gallaway, Individually and in her official capacity as an employee of the Tennessee Department of Corrections; Tommy Ballard, Individually and in his official capacity as an employee of the Tennessee Department of Corrections; Alicia Craig, Individually and in her official capacity as an employee of the Tennessee D
• Court: U.S. Court of Appeals — Sixth Circuit

Page 128

103 F.3d 128

NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.

Peggy BOLES; Homer D. Boles, Plaintiffs-Appellants Gayle Roberts; Lynn Lewis; Wanda Wiggins; Terry Taylor Ann Lowery; Laurel H. Lawrence; Mamie Wilson; Paulette Akins; Bertha Madden; Alice P. Thomas; Debera Pittman Dorthy Brown; Margaret White; Manella Bumpass; Norma Jackson; Susan Beard; Thelma Montgomery; Shirley Napper Blondell J. Jackson; Amy Harris; Gary Pittman; Billy Lattimer, Plaintiffs, v. Christine BRADLEY, Individually and in her official capacity as Commissioner of the Tennessee Department of Corrections; Billy McWherter, Individually and in his official capacity as Regional Director of Prisons in the Western District; Fred Raney, Individually and in his capacity as Warden of Cold Creek Correctional Facility; Billy Compton, Individually and in his official capacity as Warden of West Tennessee High Security Facility; Tommy Mills, Individually and in his official capacity as Associate Warden of Cold Creek Correctional Facility; James Dukes, Individually and in his official capacity as Associate Warden of West Tennessee High Security Facility; Russell Kiestler, Individually and in his official capacity as an employee of the Tennessee Department of Corrections; Mary Kissell, Individually and in her official capacity as an employee of the Tennessee Department of Corrections; Clint Herron, Individually and in his official capacity as an employee of the Tennessee Department of Corrections; Juanita Gallaway, Individually and in her official capacity as an employee of the Tennessee Department of Corrections; Tommy Ballard, Individually and in his official capacity as an employee of the Tennessee Department of Corrections; Alicia Craig, Individually and in her official capacity as an employee of the Tennessee Department of Corrections, Defendants-Appellees.

No. 96-5002.

United States Court of Appeals, Sixth Circuit.

Nov. 27, 1996.

Before: KENNEDY, BOGGS, and WOOD ^*, Circuit Judges.

ORDER

Peggy Boles, a Tennessee citizen proceeding pro se, and Homer D. Boles, a Tennessee prisoner proceeding pro se, appeal a district court order denying their motion for a preliminary injunction filed in conjunction with a civil rights action under 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

Homer D. Boles is a state prisoner presently housed in the Northeast Correctional Center in Mountain City, Tennessee, and Peggy Boles is his wife. On September 7, 1994, the Boleses, three inmates at Tennessee correctional facilities, and twenty-one non-inmate prison visitors, filed a pro se complaint against various state prison officials and employees alleging a cause of action under 42 U.S.C. § 1983. The Boleses accompanied their complaint with a motion pursuant to Fed.R.Civ.P. 65 for a temporary restraining order or preliminary injunction "[d]irecting the defendants and all persons acting in concert with them [to stop] subjecting non-inmate visitors to exploratory searches of their vehicles, persons, and property in the absence of reasonable suspicion or probable cause and [to stop] violating [the visitors'] rights to privacy by requiring them to allow an official to visually observe them while changing their sanitary napkin or tampon as a requirement to be allowed to visit at the institution."

On September 27, 1994, the motion for preliminary injunction was referred to a magistrate judge for a report and recommendation. On August 31, 1995, the magistrate judge issued his report and recommended that the motion for a preliminary injunction be granted: 1) to enjoin "the policy of requiring female visitors to exchange feminine sanitary products in the presence and observation of female security officers" absent the presence of reasonable suspicion; and 2) to enjoin "indiscriminate vehicle searches of prison visitors as a prerequisite to visitation, absent the presence of some exception to the search warrant requirement." An "Errata" report and recommendation was entered on September 12, 1995.

On September 28, 1995, the defendants filed objections to the report and recommendation. On December 7, 1995, the district court...