United States Ninth Circuit

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Byrd v. Maricpoa County Bd. of Supervisors, 15-16282

In an action brought under 42 U.S.C. section 1983 challenging defendants Maricopa County Sheriff's Department, Maricopa County Board of Supervisors, and Sheriff Joe Arpaio’s alleged policy of allowing female guards to observe daily, from four to five feet away, male pretrial detainees showering and using the bathroom the district court's sua sponte dismissal under 28 U.S.C. section 1915A is reversed and remanded where: 1) even if plaintiff was a convicted prisoner rather than a pretrial detainee, his allegations survived a section 1915A dismissal; and 2) assuming that the female guards could view male pretrial detainees while showering and using the toilet frequently and up close, the scope and manner of the intrusions were far broader than those this court previously has approved.

Appellate Information

  • Decided
  • Published 2017/01/06

Judges

  • OWENS

Court

  • United States Ninth Circuit

Counsel