# Cantley v. West Virginia Regional Jail & Correctional Facility Authority

> Court of Appeals for the Fourth Circuit · November 14, 2014 · 771 F.3d 201

URL: https://www.frixlaw.com/law-library/cases/9804742

## Case

- **Full name:** Michael CANTLEY, And; Floyd Teter, on Behalf of Themselves and on Behalf of a Class of Others Similarly Situated, Plaintiffs-Appellants, v. the WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY, And; Terry L. Miller, Both Individually and in His Official Capacity as Executive Director of the West Virginia Regional Jail and Correctional Facility Authority And; Joseph A. Delong, Both Individually and in His Official Capacity as Acting Executive Director of the West Virginia Regional Jail and Correctional Facility Authority And; Larry Parsons, Both Individually and in His Official Capacity as Executive Director of the West Virginia Regional Jail and Correctional Facility Authority, Defendants-Appellees
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** November 14, 2014
- **Citations:** 771 F.3d 201; 2014 U.S. App. LEXIS 21631; 2014 WL 5906579
- **Precedential status:** Published
- **Opinion:** Concurrence by Wynn
- **Judges:** Wilkinson, Shedd, Wynn
- **Cited by:** 31 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9804742

## Opinion text

WYNN, Circuit Judge,
concurring:
The majority opinion does not reach the precise question of whether the strip search conducted on Floyd Teter was unconstitutional, but it does cast serious doubt on the legality of similar searches going forward. See ante at 207. In my view, strip searching pre-arraignment detainees who are held outside the general population of a detention facility is unconstitutional absent reasonable suspicion. See Florence v. Bd. of Chosen Freeholders of Cnty. of Burlington, — U.S. -, 132 S.Ct. 1510, 1523 , 182 L.Ed.2d 566 (2012) (Roberts, C.J., concurring); id. at 1524 (Alito, J., concurring); id. at 1525 (Breyer, J., joined by Ginsburg, Sotomayor, and Kagan, JJ., dissenting). I agree with the majority that corrections administrators would be wise to take into account recent changes in the legal landscape governing strip searches when crafting policy in this area, particularly in light of the varying opinions in Florence. See ante at 207.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9804742. Public record. Not legal advice.