Nunez

Nunez v. Dr. Duncan

Good Law
United States Court of Appeals for the Ninth CircuitJanuary 11, 201004-36146California7,905 words

Opinion

Opinion

I. Background

A. Events Giving Rise to the Complaint

The federal prison in Sheridan, Oregon consists of three separate facilities: the Federal Detention Center, an adminis- trative facility primarily housing pretrial inmates; the Federal Prison Camp (“FPC”), a minimum security satellite prison camp; and the Federal Correctional Institution (“FCI”), a medium security prison. At the times relevant to this suit, Nunez was housed in the FPC.

Beginning in October 2001, Nunez was assigned to work the night shift of an orderly work crew. Nunez presented evi- dence showing that in May 2002, when he and three other inmates were returning to the FPC from a work detail at the FCI, he was subjected to a strip search by Correctional Offi- cer Eric Duncan. Duncan asked the returning inmates to choose a number between one and ten. Nunez chose four. Duncan said that his number was five, that Nunez’s number was closest, and that Nunez was the winner of the “raffle strip search.” Nunez was then subjected to a strip search in the men’s bathroom two feet away from the urinals, during which he was obliged to stand barefoot on the dirty floor.

B. Exhaustion of Administrative…

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