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SECURITY AND LAW ENFORCEMENT EMPLOYEES DISTRICT COUNCIL 82 AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO by its Treasurer WILLIAM CLAY RICHARD BISCHERT WILLIAM LOTHROP ROBERT MORSE GEORGE FREES THOMAS F. LYNCH RICHARD J. SCHRADE DAVID L. BOWSER CHARLES E. GORDON JR. MELVIN L. BULLOCK BENJAMIN WHALEY and SQUIRE SIMPSON individually and on behalf of all others similarly situated Plaintiffs-Appellants
vs.
HUGH CAREY as Governor of the State of New York THOMAS A. COUGHLIN III as Commissioner of the New York Department of Correctional Services WALTER FOGG individually and as Superintendent of Eastern Correctional Facility ROBERT KUHLMANN individually and as Superintendent of Woodbourne Correctional Facility DOMINICK MANTELLO individually and as Deputy Superintendent of Woodbourne Correctional Facility and HENRY DELUCA individually and as Deputy Superintendent for Security at Arthur Kill Correctional Facility Defendants-Appellees
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Issues:
Public employees, policy and procedure, drugs, union issues, Fourth Amendment, 14th Amendment.
Case Summary:
Union officials representing officers at state correctional facilities appeal a lower court's ruling concerning their suit against a new state policy. The Security
Decision of lower jurisdiction:
The U.S. District Court for the Southern District of New York dismissed the union's complaint. Union officials now appeal.
Outcome:
The union loses. The U.S. Court of Appeals, Second Circuit, affirmed the ruling of the lower court. However, the appeals court also remanded the case to the district court with instructions to enter injunctions prohibiting "warrantless" visual body-cavity searches and "random searches of correction officers