Edward Nelson Rickman v. Warden Avaniti, Warden at Cb-6, Aspc-Florence, 854 F.2d 327 (9th Cir. 1988). · Go Syfert
Edward Nelson Rickman v. Warden Avaniti, Warden at Cb-6, Aspc-Florence, 854 F.2d 327 (9th Cir. 1988). Cases Citing This Book View Copy Cite
38 citation events (16 in the last 25 years) across 12 distinct courts.
Strongest positive: Johnson v. Holms (nvd, 2024-03-29)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Johnson v. Holms
D. Nev. · 2024 · confidence medium
See, e.g., Brown v. Trejo, 818 F. App’x 599 , 602 (9th Cir. 2020) (“It 1 was reasonable for jail officers to place him in hand cuffs and a waist chain when moving him 2 within the jail.”); Rickman v. Avaniti, 854 F.2d 327, 328 (9th Cir. 1988) (noting that routine 3 visual body cavity searches are reasonable when inmates are moved to segregated units); 4 Michenfelder v. Sumner, 860 F.2d 328 , 334–36 (9th Cir. 1998) (upholding threatened use of a 5 taser by prison officials as a means to ensure compliance with a search). 6 Plaintiff does not offer case law suggesting that Defendants viol…
discussed Cited as authority (rule) Yablonsky v. California Department of Correction & Rehabilitation
S.D. Cal. · 2022 · confidence medium
See Bell v. Wolfish, 441 U.S. 520, 551 (1979) (noting that deterring “smuggling 2 contraband” was a legitimate prison goal justifying some limitations on inmates’ First 3 Amendment rights); Rickman v. Avaniti, 854 F.2d 327, 328 (9th Cir. 1988) (listing 4 “maintaining prison safety” and blocking “contraband” as “important objectives of penal 5 institutions”); Cook, 238 F.3d at 1151 (considering how a prison regulation affected the 6 legitimate government objective of “not substantially deplet[ing] prison resources”). 7 b.
examined Cited as authority (rule) Byrd v. Maricopa County Sheriff's Department (4×)
9th Cir. · 2011 · confidence medium
Indeed, neither Bell, 441 U.S. at 559-60 , 99 S.Ct. 1861 ; Rickman v. Avaniti 854 F.2d 327, 328 (9th Cir.1988); nor Thompson v. Souza, 111 F.3d 694, 700 (9th Cir.1997), involved cross-gender strip searches, the issue we address in this case.
discussed Cited as authority (rule) Sandon v. Lewis
9th Cir. · 1998 · confidence medium
See Bell v. Wolfish, 441 U.S. 520, 558 , 99 S.Ct. 1861 , 60 L.Ed.2d 447 (1979); Rickman v. Avaniti, 854 F.2d 327, 328 (9th Cir.1988). 6 Finally, Sandon argues that prison officials violated his Fourth Amendment rights by subjecting him to random drug testing through provision of urine samples.
discussed Cited as authority (rule) May v. Baldwin
D. Or. · 1995 · confidence medium
See Turner, 482 U.S. at 91 , 107 S.Ct. at 2263 (prison security is a valid penological interest); Wolfish, 441 U.S. at 545 , 99 S.Ct. at 1877 (maintaining prison security is an essential goal that may require limitation of prisoners’ retained constitutional rights); Witherow v. Paff, 52 F.3d 264, 265 (9th Cir.1995) (“Illegitimate penological interests include security, order, and rehabilitation”); Hall v. Bellmon, 935 F.2d 1106, 1114 (10th Cir.1991) (prison intake facility’s policy of cutting inmates’ hair does not violate free exercise of religion as it is related to legitimate peno…
cited Cited as authority (rule) James Blair-Bey v. Samuel A. Lewis, Director, Department of Corrections Roger Crist, Warden James McFadden Warden Lt. Hassenzella
9th Cir. · 1994 · confidence medium
Rickman v. Avaniti, 854 F.2d 327, 328-29 (9th Cir.1988).
discussed Cited as authority (rule) Louie Aiello and Larry George v. Jerry Aronson, Karen Radtke, Captain Brunious and Bruce Schneider
7th Cir. · 1991 · confidence medium
See Campbell, 787 F.2d at 228 (routine visual cavity searches of inmates both before and after using the prison library was justified); Rickman v. Avaniti, 854 F.2d 327, 328 (9th Cir.1988) (visual cavity searches of administrative segregation prisoners every time they leave their cell held constitutional); Goff v. Nix, 803 F.2d 358, 364-65 (8th Cir.1986) (court held that prison policy subjecting prisoners to a visual cavity search before leaving maximum security unit was reasonable). 11 The scope of CCI's mandatory search policy is limited.
cited Cited "see" Williams v. Kernan
N.D. Cal. · 2019 · signal: see · confidence high
See id.
discussed Cited "see" Byrd v. Maricopa County Sheriff's Department (2×)
9th Cir. · 2009 · signal: see · confidence high
See Rickman v. Avaniti, 854 F.2d 327, 328 (9th Cir.1988) (approving same-gender strip searches conducted in cells of prisoners housed in administrative segre gation prior to leaving cell); see also Thompson, 111 F.3d at 701 (holding same-gender body-cavity search did not violate clearly established rights).
discussed Cited "see" Byrd v. Maricopa County Sheriff's Department
9th Cir. · 2009 · signal: see · confidence high
See Rickman v. Avaniti, 854 F.2d 327, 328 (9th Cir. 1988) (approving same-gender strip searches conducted in cells of prisoners housed in administrative segregation prior to leav- ing cell); see also Thompson, 111 F.3d at 701 (holding same- gender body-cavity search did not violate clearly established rights).
discussed Cited "see" Jones v. Harrison
D. Kan. · 1994 · signal: see · confidence high
See Rickman v. Avaniti, 854 F.2d 327 (9th Cir.1988) (upholding strip searches each time inmates in segregation left cells for any reason); Hay v. Waldron, 834 F.2d 481 (5th Cir.1987) (approving visual body cavity search each time segregation inmate enters or leaves cell); Goff v. Nix, 803 F.2d 358 (8th Cir.1986) (approving strip search and visual body cavity search each time inmate left maximum security area), cert. denied, 484 U.S. 835 , 108 S.Ct. 115 , 98 L.Ed.2d 73 (1987).
discussed Cited "see" Robert Michenfelder v. George Sumner Lieutenant Koon C/o Horn C/o Leslie Sgt Jenae Holmes Sgt Stuffelbeam James Parker
9th Cir. · 1988 · signal: see · confidence high
See Rickman v. Avaniti, 854 F.2d 327, 328 (9th Cir.1988); contrast with Bonitz v. Fair, 804 F.2d 164, 172-73 (1st Cir.1986) (contact body cavity searches of female inmates conducted by police officers, without medical personnel, in non-hygienic manner and in presence of male officers not reasonable).
discussed Cited "see, e.g." Zunker v. Bertrand
E.D. Wis. · 1992 · signal: see also · confidence low
Similarly, the Ninth Circuit Court of Appeals has held that “so long as a prisoner is presented with an opportunity to obtain contraband or a weapon while outside of his cell, a visual strip search has a legitimate penological purpose.” Michenfelder v. Sumner, 860 F.2d 328, 333 (9th Cir.1988) (citing Turner v. Safley, 482 U.S. 78 , 107 S.Ct. 2254 , 96 L.Ed.2d 64 (1987); see also Rickman v. Avaniti, 854 F.2d 327 (9th Cir.1988)) (upholding visual body cavity searches of all segregation unit inmates leaving their cells); Hay v. Waldron, 834 F.2d 481, 486 (5th Cir.1987) (upholding strip search…
Retrieving the full opinion text from the archive…
Edward Nelson RICKMAN, Plaintiff-Appellant,
v.
Warden AVANITI, Warden at CB-6, ASPC-Florence, Et Al., Defendants-Appellees
87-1975.
Court of Appeals for the Ninth Circuit.
Aug 9, 1988.
854 F.2d 327
Edward Nelson Rickman, Florence, Ariz., in pro. per., Thomas Prose, Asst. Atty. Gen., Phoenix, Ariz., for defendants-appellees.
Goodwin, Schroeder, Poole.
Cited by 28 opinions  |  Published
SCHROEDER, Circuit Judge:

Rickman, an inmate at the Arizona State Prison, appeals pro se the district court’s grant of summary judgment to prison officials in this 42 U.S.C. § 1983 action. Rick-man has challenged the prison’s visual strip search policy. We affirm.

Arizona State Prison policy requires prisoners in the administrative segregation unit to submit to visual strip and body cavity searches when leaving their cells. Administrative segregation is the highest custody status that can be assigned an inmate, and is used for inmates requiring close supervision. Rickman refused to submit to such a search, and consequently he has not been allowed to leave his cell to go to the exercise yard. Rickman then filed this section 1983 action against five prison officials challenging the prison policy. The district court granted the defendants’ motion for summary judgment.

Rickman argues that the prison policy requiring visual strip searches violates his fourth amendment and due process rights.[*328] However, the Supreme Court has stated that judicial deference to prison administrators should be “wide-ranging,” especially concerning “the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security.” Bell v. Wolfish, 441 U.S. 520, 547, 99 S.Ct. 1861, 1878, 60 L.Ed.2d 447 (1979). In Wolfish, the Court held that the fourth amendment does not prohibit strip searches and visual inspection of body cavities of all inmates, including pretrial detainees, who have had contact visits with persons outside the prison institution. Id. at 558, 99 S.Ct. at 1884. In making this determination, the Court used a balancing test.

The test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application. In each case it requires a balancing of the need for the particular search against the invasion of personal rights that the search entails. Courts must consider the scope of the particular intrusion, the manner in which it is conducted, the justification for initiating it, and the place in which it is conducted.

Id. at 559, 99 S.Ct. at 1884. Although the Supreme Court has not ruled on the issue of routine visual body cavity searches of inmates, other circuits have applied the Wolfish analysis to such searches and found them constitutional. See, e.g., Goff v. Nix, 803 F.2d 358, 370-71 (8th Cir.1986), cert. denied, — U.S. -, 108 S.Ct. 115, 98 L.Ed.2d 73 (1987); Campbell v. Miller, 787 F.2d 217, 228 (7th Cir.), cert. denied, 479 U.S. 1019, 107 S.Ct. 673, 93 L.Ed.2d 724 (1986); Arruda v. Fair, 710 F.2d 886, 888 (1st Cir.), cert. denied, 464 U.S. 999, 104 S.Ct. 502, 78 L.Ed.2d 693 (1983).

Here, the scope of the challenged prison policy is limited. The searches are conducted on convicted prisoners, and involve inmates confined to administrative segregation, which is the most restrictive unit. Likewise, the manner in which the searches are conducted creates limits on the degree of intrusiveness. The searches are conducted only when inmates leave their cells, are visual, and involve no touching. See Bonitz v. Fair, 804 F.2d 164, 172-73 (1st Cir.1986) (discussing differences between visual searches and searches involving touching).

The Supreme Court has acknowledged that maintaining prison safety and preventing the introduction of contraband into the prison are important objectives of penal institutions. See, e.g., Hudson v. Palmer, 468 U.S. 517, 526-27, 104 S.Ct. 3194, 3200, 82 L.Ed.2d 393 (1984). In the case before us, Warden Avaniti explained in his affidavit that the search policy was instituted to maintain the high security required of the administrative segregation unit. In Goff the Eighth Circuit observed that security considerations justified such searches of inmates in segregation units.

The record in this case reflects what this Court and other courts know and long have acknowledged, namely that weapons, drugs, and other items of contraband are serious problems in our nation’s prisons.... The security concerns in this case are even greater in our view than those in Wolfish.... The searches here apply in large part to inmates who are in segregation units because of their inability to conform to the prison rules. Moreover, the searches are not any more intrusive or demeaning than those in Wolfish.

803 F.2d at 365. ’ We similarly conclude that there is suitable justification for initiating the search policy.

Looking to the final consideration Wolfish requires us to consider, we observe that the challenged search procedure took place in Rickman’s cell in the administrative segregation unit. Given the unit’s security demands, this is a reasonable place for conducting such searches.

Rickman also contends that, because he has refused to submit to body searches upon leaving his cell, he has been deprived of his right to exercise time, sunlight, visits, free exercise of religion, medical treatment, and access to the law library. The inmates in Goff made similar claims, asserting that they were refused opportunities for medical care and attorney visits as a result of the search policy. Goff, 803[*329] F.2d at 361, 368. The Eighth Circuit rejected this means of challenging the search policy, stating “[W]e do not believe that the inmates’ assertion that they are refusing, because of a particular policy, activities or services that enjoy some constitutional protection can serve to invalidate that policy if it is otherwise permissible.” Id. at 368. We endorse that view.

Rickman does not allege that anything other than his own refusal to submit to visual body cavity searches precludes him from utilizing the exercise period, medical treatment, visits, and access to legal materials that would otherwise be available to him. Rickman’s constitutional rights were not violated by his own refusal to utilize opportunities that would be available to him if he complied with the search policy.

AFFIRMED.