783 Fed.Appx. 938 (11th Cir. 2019), 18-14212, Mehmood v. Guerra
|Citation:||783 Fed.Appx. 938|
|Opinion Judge:||PER CURIAM|
|Party Name:||Yasir MEHMOOD, Plaintiff-Appellant, v. GUERRA, SDDD, Krome SPC, Warden, Krome SPC, Acosta, AFDD, ICE, Ms. Magal, Mr. Carlos, Palmetto Hospital (Hialeah), et al., Defendants-Appellees.|
|Attorney:||Yasir Mehmood, Pro Se Emily M. Smachetti, U.S. Attorney Service - Southern District of Florida, U.S. Attorney Service - SFL, Miami, FL, for Defendants-Appellees|
|Judge Panel:||Before MARCUS, ROSENBAUM, and BRANCH, Circuit Judges.|
|Case Date:||August 26, 2019|
|Court:||United States Courts of Appeals, Court of Appeals for the Eleventh Circuit|
DO NOT PUBLISH. (See Federal Rule of Appellate Procedure Rule 32.1. See also U.S.Ct. of App. 11th Cir. Rule 36-2.)
Yasir Mehmood, Pro Se
Emily M. Smachetti, U.S. Attorney Service - Southern District of Florida, U.S. Attorney Service - SFL, Miami, FL, for Defendants-Appellees
Appeal from the United States District Court for the Southern District of Florida, D.C. Docket No. 1:18-cv-22122-JEM
Before MARCUS, ROSENBAUM, and BRANCH, Circuit Judges.
Yasir Mehmood, proceeding pro se, appeals the district courts order sua sponte dismissing his civil-rights complaint under 42 U.S.C. § 1983 and
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), against Palmetto General Hospital, the City of Hialeah, Miami-Dade County, the State of Florida, Immigration and Customs Enforcement ("ICE"), Department of Homeland Security ("DHS"), the United States, two ICE employees, and two nurses at Palmetto Hospital.
Mehmood is a native and citizen of Pakistan who was detained by ICE pending the outcome of his removal proceedings following a criminal conviction. During his detention, he filed a pro se complaint alleging that he was subjected to humiliating strip and body-cavity searches in violation of his rights under the Fourth, Fifth, and Fourteenth Amendments.
According to the complaint, in 2018 Mehmood was transferred three times from the Krome immigrant detention center to Palmetto Hospital for medical evaluation due to an ongoing hunger strike. Each time, hospital staff, with the assistance or acquiescence of officers employed by an ICE contractor, removed his pants and underwear, lifted his penis and genitals and touched the areas around them "in a sexual manner," and then either touched his anus or inserted a finger into his rectum. The contract officers were directed by ICE officer Guerra "to follow the hospital policy" and assist the hospital staff, including using force if Mehmood resisted. A nurse told Mehmood that it was hospital policy to conduct this type of search for contraband of all "criminal detainees" from Krome because he could "bring drugs wrapped in plastic in your gay ass."
These invasive searches took place in the presence of other patients and hospital staff, and Mehmood endured laughter and demeaning comments by other patients, the nurses, and the contract officers. One time, four patients surrounded Mehmood and took videos with their cell phones while laughing and smiling. Another time, a nurse asked Mehmood if he was gay after inserting a finger...
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