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Cavity Searches at Juvenile Detention Centers Child Sex Abuse Lawsuit Information


Cavity Searches at Juvenile Detention Centers Child Sex Abuse Lawsuit Information se attorney lawyer

It is necessary for newly detained youth to be searched when entering detention centers to ensure that there is no contraband being brought into the facility. This is important considering that contraband can pose a significant risk of injury and even death to detained youth as well as to staff. Although these searches are important, there are guidelines that must be strictly followed when conducting cavity searches, specifically. When juvenile hall detention centers fail to follow the guidelines established by state law, they are engaging in sexual abuse of juveniles.

If you were subject to an unlawful cavity search at a juvenile hall, you could have the right to file a sex abuse claim. For more information about the legal options available to you, please do not hesitate to reach out to the experts here at the Downtown L.A. Law Group. Our law firm has decades of experience and is ready to provide you with the guidance that you need to fight for your rights and get justice. Our law firm has experience in juvenile hall sex abuse claims and is more than ready to provide you with the representation that you need to file your child sex abuse claim against the county or other government entity that failed to keep you safe.

Please do not hesitate to contact us at your earliest convenience.

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About Cavity Searches

Cavity searches can be visual or physical. Visual cavity searches refer to the visual inspection of body cavities (usually the mouth, vagina, and rectum). On the contrary, physical body cavity searches refer to the physical intrusion into these body cavities to search for any objects/items that may be hidden in said cavities. These objects/items can include weapons, drugs, and other contraband. Although these searches can be very important, it is important that these facilities always adhere to the laws and regulations related to cavity searches – especially when it comes to minors.

California Law Related to Cavity Searches

Below, we will summarize the sections of California PEN § 4030:

  • (d)(1): those who are arrested and taken into custody may be subject to a variety of searches, including pat-down searches, metal detector searches, body scanner searches, and clothing searches, to find any concealed weapons or other contraband.
  • (e): minors detained prior to their detention hearings, with the exception of minors who committed felonies or crimes involving violence, drugs, or weapons, shall not be subject to cavity searches unless there is a reasonable suspicion that the minor is concealing contraband. There must be prior written authorization (a warrant) to conduct the cavity search.
  • (g): those arrested for misdemeanors or infractions shall not be subject to physical cavity searches except under a search warrant from a magistrate.
  • (j): all cavity searches must be conducted under sanitary conditions by a medical provider (such as a physician, nurse practitioner, registered nurse, licensed vocational nurse, EMT, or the facility doctor).
  • (k)(1): all those present or within sight of the cavity search must be of the same sex of the inmate being searched, with the exception of the medical personnel conducting the search.
  • (l): physical cavity searches must be conducted in a private area so that the search cannot be observed by others not directly involved in the search.

So, although these establishments could definitely subject youth to cavity searches, it is essential for them to conduct these searches within the law. When juvenile detention facilities fail to follow these laws, they are illegally conducting cavity searches and could be responsible of child sex abuse. If you were subject to an unlawful cavity search, it is important that you seek legal assistance as soon as possible to learn more about your right to file a child sex abuse claim.

Are Strip Searches Also Covered by this Law?

Yes, the sections of CA PEN § 4030 also apply to strip searches. In many cases, these facilities conduct strip searches followed by cavity searches. Sometimes, the strip search is conducted on its own. Although strip searches may not be considered to be as invasive as cavity searches, they still require warrants and must still be conducted in a private area. If you were subjected to a strip search without the proper authorization, you could have the right to pursue a lawsuit. In addition, if there was any sexual misconduct, including inappropriate comments/jokes, fondling, etc., you could have more than enough grounds to pursue a child sex abuse claim against the facility. For more information about the legal options available to you, reach out to our team and request to speak with a juvenile hall strip search as soon as possible.

Cavity Searches at Juvenile Detention Centers Child Sex Abuse Lawsuit Information se attorney lawyer
Do I Have the Right to File a Lawsuit?

Yes – you could file a lawsuit. Whether the cavity search was unlawful, the staff was making sexual comments during the search, the guards making comments while conducting the search, or there was any other type of misconduct during the search, you could have the right to sue. Of course, you could also be entitled to receive compensation. This is actually outlined in the same law discussed above. Under PEN § 4030 (o), affected parties could be able to pursue civil action to recover actual damages or $1,000, whichever is greater. Without a doubt, it can be very difficult for victims to come forward and decide to pursue claims for the sexual abuse that they suffered. In addition to any physical injuries suffered, it can take them years to overcome the mental and emotional distress resulting from the abuse; this can include post-traumatic stress, panic, fear, anxiety, depression etc. Here at our law firm, we understand the severity of juvenile hall child sex abuse, and we are committed to helping victims get justice.

More about the Compensation Available – as mentioned above, PEN § 4030 (o) actually outlines the possible remedies available for victims. Victims could pursue actual damages or $1,000, whichever is greater. In addition, the court may also award other categories of compensation. So, what compensation could you recover? Although every claim is different, you could potentially be eligible to recover compensation for medical costs, lost pay, pain and suffering, punitive damages, and legal costs, for example. How much can I receive? Although every claim is different, child sex abuse cases involving juvenile halls tend to be high-value cases. Depending on the facts surrounding the case, these cases can be associated with values ranging anywhere from $150,000 to $5 million and sometimes even more. Here at the Downtown L.A. Law Group, our expert legal team is fully committed to getting our clients the maximum recovery available for juvenile hall sex abuse claims. Whether our lawyers have to negotiate a settlement or take your claim to court to reach a verdict, our experts will always work to get you the highest recovery available for your claim.

For more information about your right to sue or the compensation that you could be eligible to receive, contact us today. Our lawyers are ready to guide you every step of the way.

Contact the Downtown L.A. Law Group Today

Sexual abuse has always been common at juvenile halls. Minors may suffer abuse at the hands of staff. For some, the sexual abuse occurs when the first enter the facility during unlawful searches. For others, the sexual abuse continues throughout their entire detention. If you were sexually abused at a juvenile hall, please do not hesitate to reach out to the legal team here at our law firm as soon as possible. Our experts are more than ready to provide you with the guidance that you need to fight for your rights and recover the compensation that you are owed. Our team has decades of experience and is fully committed to helping you get justice for the sexual abuse that you suffered at a juvenile hall, juvenile detention center, or youth camp. If you are ready to speak with our juvenile hall cavity check sex abuse lawyers, contact us today.

We offer free case evaluations, which include free consultations and free second opinions. During these free legal services, our child sex abuse lawyers will be available to answer all your questions address all your concerns. Our team will provide you with all the information that you need to either start or continue your claim. If you are ready to schedule a free case evaluation with our juvenile hall sex abuse lawyers, contact us today.

Zero-Fee Guarantee: our clients will never be required to pay any upfront legal fees for our legal services. Our team also works on a strict contingency structure, meaning that our clients will not be responsible for paying anything if their claims are not successful. If you do not win, you simply will not pay anything.

If you are ready to speak with our experts, contact us today.


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