5th Circ. Tosses Suit Over Body Cavity Searches At Border
By Suzanne Monyak (May 24, 2018, 7:26 PM EDT) -- The Fifth Circuit ruled Wednesday that an American citizen who was subjected to intrusive body cavity searches while crossing the southern border cannot sue the state medical staff who conducted the exams, finding that their conduct did not violate clearly established law at the time.
The three-judge panel upheld the district court's dismissal of the case in an order concluding that the government-employed doctors and staff in El Paso who performed the pelvic exam, rectal exam and a series of x-rays on Gloria Bustillos in search of drugs had qualified immunity from her claims of unreasonable search and seizure.
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