upholding searches of arrestees inter- mingled with general population of a corrections facility, but not those awaiting bail, and stating that when an arrestee is kept in a holding cell the “obvious security concerns inherent in a situation where the detainee will be placed in the general prison population are simply not apparent”
How later courts described this case
- upholding searches of arrestees inter- mingled with general population of a corrections facility, but not those awaiting bail, and stating that when an arrestee is kept in a holding cell the “obvious security concerns inherent in a situation where the detainee will be placed in the general prison population are simply not apparent”
- noting that, on a motion to dismiss, “[t]he court ... is ‘limited to assessing the legal sufficiency of the allegations contained within the four corners of the complaint’ ” (quoting Jojola v. Chavez, 55 F.3d 488, 494 (10th Cir. 1995))
- concluding that, in the motion to dismiss posture, a court must “accept as true all well-pleaded facts, as distinguished from conclusory allegations”
- concluding that a court must "accept as true all well-pleaded facts, as distinguished from conclusory allegations" when deciding a motion to dismiss
Written by the judges who cited it.
The opinion
HARTZ, Circuit Judge,
concurring:
I agree that Deputy Mandelko is not entitled to qualified immunity at this stage of the proceeding. According to the complaint, Deputy Mandelko, after noting that Ms. Archuleta did not have tattoos or moles, told the receptionist that “this isn’t her.” Although Deputy Mandelko’s subjective state of mind is irrelevant to whether she had grounds to strip search Ms. Archuleta, the quoted comment could imply that she had objective evidence showing that Ms. Archuleta was not the person named in the warrant. To strip search Ms. Archuleta in that circumstance, particularly given what she was wearing and that she had already been frisked, would be a clear violation of established Fourth Amendment principles. There may well be grounds for strip searching arrestees at a jail without individualized reasonable suspicion, but not in this circumstance.