context: The majority of circuit courts that have considered the relationship between Hudson and Bell have limited Hudson to cell searches and have held, either explicitly or implicitly, that Hudson did not disturb Bell's Fourth Amendment approach to analyzing the constitutionality of strip searches conducted in custodial settings.
citation_a.signal: see
citation_a.identifier: 111 F.3d 694, 699
citation_a.parenthetical: holding that incarcerated prisoners have Fourth Amendment-protected privacy interests after Hudson and despite Hudson's broad language
citation_a.sentence: See Elliott v. Lynn, 38 F.3d 188, 191 n. 3 (5th Cir.1994) (holding that inmates’ Fourth Amendment protection from unreasonable strip searches survives Hudson); Watsy v. Ames, No. 87-1660, 1988 WL 24978, at *2 (6th Cir.1988) (ruling Hudson inapplicable in a strip search case because it “dealt with the search of a cell as opposed to the search of an individual”); Forbes v. Trigg, 976 F.2d 308, 312 (7th Cir.1992) (stating that “prison inmates retain protected privacy rights in their bodies, although these rights do not extend to their surroundings” and citing Hudson and Bell); Thompson v. Souza, 111 F.3d 694, 699 (9th Cir.1997) (holding that incarcerated prisoners have Fourth Amendment-protected privacy interests after Hudson and despite Hudson’s broad language); Dunn v. White, 880 F.2d 1188, 1191 (10th Cir. 1989) (holding that even after Hudson, “the prisoner’s privacy interest in the integrity of his own person is still preserved under [Bell]”); Covino v. Patrissi, 967 F.2d 73, 78 (2d Cir.1992) (“While we acknowledge the clear teaching of the Supreme Court’s holding in Hudson with respect to prison spaces, we believe that maintenance of prison security is not burdened unduly by the recognition that inmates do retain a limited right to bodily privacy.”); see also Kent v. Johnson, 821 F.2d 1220, 1226 (6th Cir.1987) (limiting the Hudson holding to prison cells and assessing whether plaintiff prisoner had a reasonable expectation of privacy with regard to her person entitling her to Fourth Amendment protection); Bonitz v. Fair, 804 F.2d 164, 170 & n. 6 (1st Cir.1986), overruled on other grounds by Unwin v. Campbell, 863 F.2d 124 (1st Cir.1988) (applying Bell’s Fourth Amendment analysis to a strip search but denying plaintiffs cell search claim under Hudson); Nicholas v. Goord, 430 F.3d 652, 675-76 (2d Cir.2005) (recognizing the distinction between Hudson which denied the availability of Fourth Amendment rights as applied to cell searches and Bell which held that the strip searches after contact visits in that case did not violate the Fourth Amendment).
citation_b.signal: but see
citation_b.identifier: 69 F.3d 144, 146
citation_b.parenthetical: holding that Hudson overruled Bell's assumption and abrogated convicted prisoners' Fourth Amendment rights
citation_b.sentence: But see Johnson v. Phelan, 69 F.3d 144, 146 (7th Cir.1995) (holding that Hudson overruled Bell’s assumption and abrogated convicted prisoners’ Fourth Amendment rights); Jones v. Murray, 962 F.2d 302, 306 (4th Cir.1992) (erroneously attributing to Bell the holding that “persons lawfully arrested on probable cause and detained lose a right of privacy from routine searches of the cavities of their bodies”).