Ezra Davis Iii, and Mary Davis v. Corrections Officer T. Bucher

This case presents the question whether the constitutional right of privacy is violated when a state correctional officer exhibits an inmate’s intimate photographs to two other inmates. The district court decided it was not and granted the summary judgment from which Plaintiffs-appellants Ezra and Mary Davis (Davises) appeal. We affirm.

I.

In December 1983, Ezra Davis (Davis) was incarcerated at the Washington State Reformatory at Monroe Honor Farm and scheduled for transfer to the reformatory proper. Accordingly, his possessions were inventoried, boxed, and placed in an office awaiting shipment. Among them was an envelope containing four nude photographs of his wife Mary. Out of curiosity, correctional officer Theodore Bucher (Bucher) removed the photos from the envelope and examined them. He then exhibited the pictures to at least two inmates before replacing them. Upon learning of this incident, Davis filed a grievance. Bucher’s immediate supervisor investigated the incident, Bucher admitted the allegations, and was verbally reprimanded.

In May 1984, at the reformatory, Bucher attempted to serve Davis a meal in his cell. Upon Bucher’s arrival, Davis became agitated and…