-JS JOHNSON v. CAPE MAY COUNTY CORRECTIONAL CENTER et al, No. 1:2010cv01340 - Document 2 (D.N.J. 2010)

Court Description: OPINION. Signed by Judge Robert B. Kugler on 9/30/2010. (dmr, )(n.m.)

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-JS JOHNSON v. CAPE MAY COUNTY CORRECTIONAL CENTER et al Doc. 2 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : : : Plaintiff, : : v. : : CAPE MAY COUNTY CORRECTIONAL : FACILITY, et al., : : Defendants. : : CHARLES H. JOHNSON, Hon. Robert B. Kugler Civil No. 10-1340 (RBK) MEMORANDUM OPINION IT APPEARING THAT: 1. On March 15, 2010, the Clerk received from Plaintiff, a prisoner incarcerated at Cape May County Correctional Facility, a civil Complaint and affidavit seeking permission to proceed in forma pauperis status pursuant to 28 U.S.C. § 1915. Plaintiff asserts that officials at Cape May County Correctional Facility violated his constitutional rights by strip searching him when he was brought to the facility. 2. Based on Plaintiff s affidavit and prison account statement, this Court will grant Plaintiff's application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 3. On September 21, 2010, the United States Court of Appeals for the Third Circuit held that a blanket policy of strip searching all arrestees upon admission to the general population of a jail does not violate the Fourth Amendment, regardless of the offense charged and the absence of individualized suspicion. See Florence v. Burlington County Bd. of Chosen Freeholders, Dockets.Justia.com F. 3d , 2010 WL 3633178 (3d Cir. Sept. 21, 2010); see also Bell v. Wolfish, 441 U.S. 520, 558 (1979). 4. Officials at Cape May County Correctional Facility did not violate Plaintiff s constitutional rights when they strip searched him upon admission to the jail. 441 U.S. at 558; Florence at *13. See Bell v. Wolfish, This Court will therefore dismiss the Complaint for failure to state a claim upon which relief may be granted. 5. Id. An appropriate Order accompanies this Memorandum Opinion. s/Robert B. Kugler ROBERT B. KUGLER, U.S.D.J. Dated: September 30 , 2010

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