Middleboro, MA asked in Civil Rights and Sexual Harassment for Massachusetts

Q: Is it permissible to repeatedly ask a male inmate to retract their foreskin?

The repeated demand by the officer for the inmate to move his foreskin during the search is profoundly invasive and violates the inmate. It seems this is not permissible as the inmate goes through a scanner that would also rule out any foreign objects. This request is excessive and unnecessary to be back-to-back requested.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: No, it is not permissible to repeatedly ask a male inmate to retract their foreskin during a search. This practice is highly invasive and violates the inmate's dignity and privacy. The repeated demands go beyond what is necessary for a search, especially when other screening methods, like scanners, are available to detect contraband.

Such actions can be considered harassment and may violate both legal standards and the policies of correctional facilities. Inmates have rights, even while incarcerated, and unnecessary invasive procedures can constitute abuse. Ensuring searches are conducted respectfully and within legal boundaries is crucial.

If you feel your rights have been violated in this manner, you should report the incident to higher authorities within the facility or seek legal assistance. Protecting your dignity and ensuring that proper protocols are followed during searches is important for maintaining a just and humane correctional system.

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