Wiley
Wiley v. Serrano
Opinion
Lead Opinion
MEMORANDUM **
Plaintiff James Ray Wiley appeals the district court’s grant of summary judgment in favor of Defendants Serrano, Jones, Witcher, Huerta, and Larkins in this 42 U.S.C. § 1983 action for alleged violations of Plaintiffs Fourth and Eighth Amendment rights. We affirm.
A. Fourth Amendment Claim
Plaintiff first contends that Defendants’ manual search of his rectal cavity violated the Fourth Amendment.
In this circuit, a digital bodily cavity search of a prison inmate complies with the Fourth Amendment if three conditions are met. First, prison officials must have reasonable cause to search the inmate. Vaughan v. Ricketts, 950 F.2d 1464, 1468-69 (9th Cir.1991) (Vaughan II). Second, the search must serve a valid penological need. Tribble v. Gardner, 860 F.2d 321, 325 (9th Cir.1988). Third, the search must be conducted in a reasonable manner. Vaughan v. Ricketts, 859 F.2d 736, 741 (9th Cir.1988) (Vaughan I).
Here, the undisputed facts show that all three conditions were met. (1) Defendants had reasonable cause to search Plaintiffs rectal cavity based on the corroborated evidence that Plaintiff was dealing drugs while in prison, and on the fact that prisoners often hide…