Without a doubt, contraband is a major issue in juvenile halls, juvenile camps, and juvenile detention centers. Because of that, juveniles must be searched when coming onto the premises. Although searching juveniles is an essential part of keeping all detained youth and staff safe, it is important that these facilities are conducting these searches within the law. When juvenile facilities fail to conduct these searches within the guidelines established by state law, they can be liable for sexual abuse.
If you were subjected to an unlawful strip search at a juvenile hall or detention facility, you could have grounds to file a child sex abuse lawsuit. If you are interested in learning more about the legal options available to you, contact the experts here at our law firm as soon as possible. Our team is ready to guide you every step of the way.
Our expert juvenile hall child sex abuse lawyers have the experience necessary to handle your claim effectively and help you recover the payout that you are owed. Our team is not afraid to take on any party or entity to fight for the rights of our clients and help them win their child sex abuse claims. If you are ready to speak with our lawyers, contact the Normandie Law Firm today.
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What Searches are Lawful?
Under California law, specifically, PEN § 4030(d)(1), individuals who are “arrested and taken into custody…may be subjected to patdown searches, metal detector searches, body scanners, and… clothing searches in order to discover and retrieve concealed weapons and contraband substances prior into being placed in a booking cell.” Without a doubt, these searches help keep youth detention centers safe. However, these facilities often subject detained youth to additional searches that can be much more invasive; these can include physical cavity searches and visible cavity searches (which normally includes strip searches).
Understanding California Law Related to Strip Searches at Juvenile Halls
The law related to strip searches at juvenile detention centers include the following:
- PEN § 4030(e): minors, “except those minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search…unless a peace officer has determined there is reasonable suspicion…to believe that person is concealing a weapon or contraband…a strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty.”
- PEN § 4030(l): “All…strip [and] visual…body cavity searches shall be conducted in an area of privacy so that the search cannot be observed by persons not participating in the search. Persons are considered to be participating in the search if their official duties relative to search procedure require them to be present at the time the search is conducted.”
- PEN § 4030(m): “A person who knowingly and willfully authorizes or conducts a strip search…in violation of PEN § 4030(l) is guilty of a misdemeanor.
In summary, although strip searches may be allowed under certain circumstances, strip searches are not considered to be the norm at juvenile halls and youth camps. Strip searches can only be conducted with a warrant. If you were subjected to an unlawful strip search, you may have a valid child sex abuse claim.
Do These Laws Also Apply to Unlawful Cavity Searches? – yes, all of these laws also apply to cavity searches. Cavity searches can be visual or physical, both of which are much more invasive than any other type of search. These searches also require warrants and can only be conducted by a doctor or nurse. These searches must be conducted in private, with only the same sex present (with the exception of the doctor or nurse performing the search). In addition, these searches must be conducted in sanitary conditions. Although these cavity searches are definitely needed in many circumstances, it is essential that these facilities always conduct these searches lawfully. When these facilities fail to get warrants for cavity searches, they can be liable for sex abuse.
Do I Have the Right to File a Lawsuit?
Yes – you could have the right to file a lawsuit for child sex abuse. Whether the strip search occurred without issue, the staff was making sexual comments, guards were making comments while conducting the search, or there was any sexual misconduct, you could have the right to file a lawsuit. Your right to sue is actually determined by PEN § 4030 (o), which states that those subjected to unlawful searches could “bring a civil action to recover [damages].”
Here at our law firm, we understand how difficult it could be for victims of sex abuse at juvenile halls and youth camps to come forward and seek justice. Here at our law firm, our team is ready help you get justice for the physical, mental, and emotional harm that you suffered after being subjected to an unauthorized strip search.
Can I Receive Compensation for My Claim?
Yes – based on the details surrounding your juvenile hall strip search claim, you could be entitled to receive compensation for the damages that you suffered. Under PEN § 4030 (o), as mentioned above, affected individuals may pursue civil claims to recover either actual damages or $1,000, whichever is greater. Some of the compensation that you could be entitled to receive could include medical expenses, lost wages, pain and suffering, punitive damages, and legal expenses, for example. What is the value of my claim? This question and all other questions related to the possible value of your claim are best reserved for your attorney. However, these cases can be worth up to $5 million depending on the details surrounding the case; these tend to be high value cases as they involve both underage victims and government entities.
Contact the Normandie Law Firm Today
If you were subjected to a strip search without a warrant, you could have the right to file a child sex abuse claim. Whether this occurred at a juvenile hall or youth camp, you could have the right to bring forth a civil lawsuit against the county or other entity responsible for overseeing the facility. If you are ready to speak to a lawyer about the legal options available to you, contact us today. Here at the Normandie Law Firm, our team has decades of experience handling juvenile hall sex abuse cases; we are ready to fight for your rights and get you justice.
Free Case Evaluations: we believe that everyone deserves justice, so we are committed to keeping our legal services accessible to all. We offer free legal services, which include free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions and address all your concerns; in other words, our experts will be available to provide you with all the information that you need to begin or continue your claim.
We offer a Zero-Fee Guarantee, meaning that our clients will never be required to pay any upfront legal costs for our legal services. In addition, our law firm works on contingency, so our clients will not be required to pay any legal costs if their claims are not successful. If you do not win, you simply will not pay anything.
If you are ready to speak with our legal team, contact us today. Our team is ready to handle your juvenile hall strip search sex abuse lawsuit.
Other Pages on Our Website Related to This Topic
Cavity Search Juvenile Halls
Camp La Cañada Sexual Abuse Lawyers
WET Center Juvenile Detention Facility Sex Abuse Lawyers
