Grummett v. Rushen

Decision Date20 June 1984
Docket NumberNo. C-82-0563 SW.,C-82-0563 SW.
Citation587 F. Supp. 913
PartiesGeorge GRUMMETT, John Weichman, and Richard Johnson, Plaintiffs, v. Ruth RUSHEN, Director, California Department of Corrections, Reginald L. Pulley, Warden, San Quentin State Prison, Defendants.
CourtU.S. District Court — Northern District of California

Michael Satris, Donald Specter, Constance Bakkerud, Prison Law Office, San Quentin, Cal., for plaintiffs.

John K. Van de Kamp, Atty. Gen., State of Cal., Nelson Kempsky, Chief Asst. Atty. Gen., Crim. Div., William D. Stein, Asst. Atty. Gen., Karl S. Mayer, Thomas P. Dove, Deputy Attys. Gen., San Francisco, Cal., for defendants.

OPINION

SPENCER WILLIAMS, District Judge.

I. FACTUAL BACKGROUND

Plaintiffs, inmates at San Quentin State Prison, brought this class action to obtain a declaration of their rights under 28 U.S.C. Section 2201. They asserted that the prison policy of allowing female correctional officers to view male inmates in states of partial or total nudity while dressing, showering, being strip searched, or using toilet facilities, violates rights of privacy guaranteed by the United States Constitution.

Plaintiffs further assert pendent jurisdiction over claims arising under the California Constitution and California Penal Code.

San Quentin Prison is one of the two highest security institutions in the California correctional system. Assaults and discovery of contraband occur almost daily in this volatile environment. Approximately two-thirds of the 3,000 male prisoners are assigned to administrative segregation units which are the most secure type of housing in the California correctional system. Cells have solid walls at the sides and the rear but bars in the front to permit observation at all times. This is to facilitate discovery of unpermitted acts such as an inmate's manufacture of weapons or secreting of contraband in his rectum. Each cell contains a bunk and toilet. As a security measure inmates leaving or entering the segregated housing units are routinely searched while unclothed. While showering, inmates are observed by correctional staff who are positioned adjacent to the showers or on the gunrails overlooking the shower area. Gradually, over the past few years, the multi-showerhead areas are being replaced with single occupant showers which increase both modesty and control.

Approximately 113 of the 720 correctional officers at San Quentin are female.

Myrna Rodrigues, the Associate Warden for Administration at San Quentin Prison, stated in her declaration that female staff members are not assigned to conduct or observe unclothed body searches, to close observation in the shower areas, or to gun posts overseeing the yard area where inmates use exposed shower and toilet facilities. The women are assigned to gunrail positions in the housing unit, to walk by individual cells and glance in, and to the distant gunrail positions in the West Block (gang-style) common showers. This declaration is not challenged. Furthermore, it is not alleged that the female correctional officers have been guilty of making derisive gestures or comments to the male prisoners — or in any way conducting themselves to cause discomfort or embarrassment. San Quentin officials state that inmates must be viewable at all times even while in the shower or on the toilet, to protect against physical attack by other prisoners or the secreting of weapons. Hence, it is necessary that inmates be seen while in the nude by correctional officers.

The matter came before the court on defendants' motion for dismissal or for summary judgment. Plaintiffs made a counter-motion for summary judgment. Defendants claim that the policies and practices at San Quentin afford male inmates reasonable privacy consistent with the security interests of the institution and equal employment rights of female correctional officers. They also argue that the interests of plaintiffs in a right of privacy does not justify the denial of equal opportunity employment to women.

II. PRIVACY

In Bell v. Wolfish, 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447, (1979) pretrial detainees brought suit challenging the constitutionality of numerous prison practices and conditions including visual body cavity searches following contact with visitors. The Supreme Court outlined general principles to be used when evaluating the constitutionality of prison policies and practices which provides this court with an analytical framework for review of the issues before it.

The court said, in essence, that while prisoners do not forfeit all their constitutional rights by virtue of their confinement, certain rights and privileges must necessarily be limited to accommodate the legitimate needs of the institution to, among other things, maintain discipline, operate a correctional program, and protect safety of inmates and correctional officers alike. See, also, Pell v. Procunier 417 U.S. 817, 822-23, 94 S.Ct. 2800, 2804, 417 L.Ed.2d 495 (1974) and Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). The question here is, of course, whether the admittedly diminished right of privacy of the complaining male prisoners at San Quentin, still carries the right to be free from the rather distant and casual view of female correctional officers.

It has been held that "... The desire to shield one's unclothed figure from the view of strangers, and particularly strangers of the opposite sex, is impelled by elementary self respect and personal dignity." York v. Story, 324 F.2d 450, 455 (9th...

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2 cases
  • Grummett v. Rushen
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • December 26, 1985
    ...strip searched, or using toilet facilities violated rights of privacy guaranteed by the United States Constitution. The district court, 587 F.Supp. 913, granted summary judgment in favor of defendants, Director of California Department of Corrections and Warden of San Quentin State Prison (......
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