James Blair-Bey v. Samuel A. Lewis, Director, Department of Corrections Roger Crist, Warden James McFadden Warden Lt. Hassenzella

Good Law
36 F.3d 1102·1994 WL 512128·1994 U.S. App. LEXIS 33769
United States Court of Appeals for the Ninth CircuitSeptember 19, 199494-15586California603 words

Opinion

Opinion

36 F.3d 1102 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James BLAIR-BEY, Plaintiff-Appellant, v. Samuel A. LEWIS, Director, Department of Corrections; Roger Crist, Warden; James McFadden, Warden; Lt. Hassenzella, Defendants-Appellees. No. 94-15586. United States Court of Appeals, Ninth Circuit. Submitted Sept. 14, 1994. * Decided Sept. 19, 1994. Before: BROWNING, WRIGHT, and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 James Blair-Bey appeals pro se a summary judgment dismissing his 42 U.S.C. Sec. 1983 claim. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. The anal cavity search did not violate his Fourth Amendment rights, and denying his Rule 56(f) motion was not an abuse of discretion. A. Summary Judgment 3 Blair-Bey was imprisoned in the Special Caution Area (SCA) of the Special Management Unit of the Arizona Department of Corrections. SCA procedures required extensive precautions against contraband. The procedures included a visual anal cavity search as…

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