Gilmore v. Georgia Department of Corrections et. al.

Current Revsion Submitted: Wed, 09/04/2024 - 16:59
Submitted by Jane Clayton on Wed, 09/04/2024 - 16:53

Gilmore v. Georgia Department of Corrections et. al. concerns a woman who was subjected to an invasive strip search when she visited her incarcerated husband in Georgia state prison. The panel found that while the search violated the woman's 4th Amendment rights, the officers were protected by qualified immunity. 

Our brief argues that a broad consensus of authority (i.e. a majority of decisions from other circuit courts) should have "clearly established" the constitutional violation for qualified immunity purposes.  We also argue that officers are not trained on their own circuit's case law so limiting the universe of legal violations they are supposed to know to 11th Circuit case law is arbitrary and has no basis in reality.

A big thank you to Jim Davy at All Rise who wrote the brief with NPAP and Legal Defense Fund (LDF), who are representing the Petitioners. 

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