January, 19 2010, 10:51am EDT
For Immediate Release
Contact:
Will Matthews, ACLU national, (212) 549-2582 or 2666; media@aclu.org
Allison Peltzman, ACLU-NJ, (973) 642-2086, ext. 11
ACLU Files Brief On Behalf Of Former New Jersey Attorneys General Challenging Blanket Strip Searches At State Jails
Amicus Brief Says Practice Is Unconstitutional And Causes Needless Humiliation
WASHINGTON
The
American Civil Liberties Union and the ACLU of New Jersey (ACLU-NJ)
today filed a friend-of-the-court brief on behalf of five former New
Jersey attorneys general opposing the blanket strip search policies of
the Burlington County Jail and Essex County Correctional Facility. The
jails' policies currently require strip searches for people charged
with but not convicted of minor offenses, and even when there is no
reasonable suspicion that an arrestee possesses contraband.
"Strip searching every detainee is
unconstitutional, it contributes little to jail security and it creates
an intolerable risk of subjecting detainees to needless humiliation,"
said Ed Barocas, Legal Director for the ACLU-NJ. "There is no
legitimate reason for these types of policies to exist and they must be
revoked."
The amicus brief, filed in the U.S.
Court of Appeals for the Third Circuit on behalf of former New Jersey
Attorneys General Robert J. Del Tufo, Deborah T. Poritz, John J. Farmer
Jr., Peter C. Harvey and Zulima V. Farber, defends the privacy and
Fourth Amendment rights of Albert Florence.
Florence filed a lawsuit in 2005
charging officials at the two jails with unconstitutionally subjecting
him to two strip searches despite a lack of reasonable suspicion. The
searches followed his erroneous arrest during a 2005 traffic stop for a
fine he had already paid. He was ordered during the searches to squat
naked and, while standing in front of prison guards, to lift his
genitals.
"Being forced to strip naked is
humiliating, and people charged with minor crimes shouldn't be strip
searched unless there's a reason to think they're hiding something,"
said David Shapiro, staff attorney with the ACLU National Prison
Project.
Consistent with legal precedent,
U.S. District Court Judge Joseph H. Rodriguez ruled in February 2009
that the strip search of Florence violated the Constitution. However,
officials representing both Burlington and Essex Counties appealed the
decision, placing the case before the Third Circuit Court of Appeals.
The former attorneys generals' brief
notes that Judge Rodriguez's decision prevents strip searches only for
non-indictable offenses that do not involve contraband and when there
is no reason to suspect contraband. Additionally, his decision does not
preclude strip searches following visitation.
Previous federal rulings have also
banned strip searches of low-level arrestees unless jail officials can
prove reasonable suspicion that the inmate may have drugs, guns or
other illegal contraband. The standard of reasonable suspicion still
allows prison officials to use broad discretion in determining if a
strip search is necessary.
A copy of the amicus brief is available online at: www.aclu.org/prisoners-rights/florence-v-board-chosen-freeholders-county-burlington-et-al-amicus-brief
Additional information about ACLU-NJ is available online at: www.aclu-nj.org
Additional information about the ACLU National Prison Project is available online at: www.aclu.org/prison
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
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Sanders Says 'Political Movement,' Not Murder, Is the Path to Medicare for All
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Addressing the assassination of UnitedHealthcare CEO Brian Thompson and conversations it has sparked about the country's for-profit system, longtime Medicare for All advocate Sen. Bernie Sanders on Wednesday condemned the murder and stressed that getting to universal coverage will require a movement challenging corporate money in politics.
"Look, when we talk about the healthcare crisis, in my view, and I think the view of a majority of Americans, the current system is broken, it is dysfunctional, it is cruel, and it is wildly inefficient—far too expensive," said Sanders (I-Vt.), whose position is backed up by various polls.
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"You condemn the murder of an insurance executive who was a father of two kids," he said. "At the same time, you say there's obviously an outpouring behavior of people whose claims are being denied, and we need to reform the system."
Two other Medicare for All advocates, Reps. Maxwell Frost (D-Fla.) and Alexandria Ocasio-Cortez (D-N.Y.), also made clear to Business Insider that they oppose Thompson's murder but understand some of the responses to it.
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Sen. Elizabeth Warren (D-Mass.)—a co-sponsor of Sanders' Medicare for All Act—similarly toldHuffPost in a Tuesday interview, "The visceral response from people across this country who feel cheated, ripped off, and threatened by the vile practices of their insurance companies should be a warning to everyone in the healthcare system."
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Reporters Without Borders' (RSF) 2024 roundup, which was published Thursday, found that at least 54 journalists were killed on the job or in connection with their work this year, and 18 of them were killed by Israeli armed forces (16 in Palestine, and two in Lebanon).
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Under the Robinson-Patman Act, it is generally illegal for sellers to engage in price discrimination that harms competition by charging higher prices to disfavored retailers that purchase similar goods. The FTC's case filed today seeks to ensure that businesses of all sizes compete on a level playing field with equivalent access to discounts and rebates, which means increased consumer choice and the ability to pass on lower prices to consumers shopping across independent retailers.
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