Story v. Foote et al

Filing 11

ORDER denying 8 Motion for Reconsideration and denying 9 Motion for Leave to Appeal in forma pauperis. Signed by Judge D. P. Marshall Jr. on 8/16/2013. (fcd)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KENDRICK C. STORY,
ADC #109934
v.

PLAINTIFF
No. 5:13-cv-195-DPM

MAXCIE FOOTE, Major,
Randall L. Williams Unit, ADC;
JOHN LOWE, Deputy Warden,
Randall L. Williams Unit, ADC;
LARRY MAY, Chief Deputy Director,
ADC; and JOHN HERRINGTON, Captain,
ADC

DEFENDANTS

ORDER
Motion for reconsideration, NQ 8, denied. Whether a female security
guard may have seen Story's strip search on camera does not make a legal
difference. A female guard could have been present without intruding on
Story's Fourth Amendment rights. Hill v. McKinley, 311 F.3d 899,903-04 (8th
Cir. 2002). A camera doesn't change things. "Visual surveillance is an
essentialfactorinmaintainingprisonsecurity." Timm v. Gunter, 917F.2d 1093,
1101 (8th Cir. 1990). And the prison's concerns for safety outweighs the
intrusion on privacy resulting from surveillance. 917 F.2d at 1102. As to
Story's back problem and having to eat with dirty hands, the motion to
reconsider is denied for the reasons previously stated. NQ 6 at 2-3.

The motion to proceed in forma pauperis on appeal, NQ 9, is also denied.
This Court certified in its Judgment, NQ 7, that an appeal in forma pauperis
would not be taken in good faith. 28 U.S.C. § 1915(a)(3). Story must pay the
$455.00 filing fee if he wishes to pursue his appeal.
So Ordered.

27

D.P. Marshall Jr.
United States District Judge
I&. 1/VjA.JSf· )..0/3

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