Brown v. Sims et al

Filing 58

ORDER denying 56 Motion to Amend Subpoena. Signed by District Judge Keith Starrett on 10/4/12 (scp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
HATTIESBURG DIVISION
WILLIE M. BROWN

PLAINTIFF

V.

CIVIL ACTION NO. 2:11-CV-57-KS-MTP

BRENDA SIMS, et al.

DEFENDANTS
ORDER

The Court denies Plaintiff’s Motion to Amend Subpoena [56]. The Court has
already accepted and adopted the Magistrate Judge’s Report and Recommendation,
and it addressed Plaintiff’s objections. To the extent Plaintiff seeks reconsideration of
the Court’s ruling on the basis that MDOC’s strip-search policies were not placed in the
record, the Court denies the motion on the basis that the policies are irrelevant to
Plaintiff’s core argument that the presence of a female corrections officer during the
strip-search of a male inmate implicates constitutionally protected privacy interests.
See Letcher v. Turner, 968 F.2d 508, 510 (5th Cir. 1992) (no constitutional violation
when male inmate was strip-searched in front of female officers during a lock-down);
Tasby v. Lynaugh, 123 F. App’x 614, 615 (5th Cir. 2005) (“. . . strip-searches carried out
in nonsecluded areas of the prison and in the presence of prison employees of the
opposite sex are non unconstitutional.”).
SO ORDERED AND ADJUDGED this 4th day of October, 2012.

s/ Keith Starrett
UNITED STATES DISTRICT JUDGE