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Unlawful Strip Searches at Juvenile Halls – Juvenile Detention Facilities Child Sex Abuse Lawsuit Information


Unlawful Strip Searches at Juvenile Halls Juvenile Detention Facilities Child Sex Abuse Lawsuit Information

Although juvenile halls and other youth detention centers have a duty to ensure that contraband does not enter the premises, these facilities must always adhere to the laws in place designed to keep detained youth safe. One of these laws states that minors are not to be subjected to strip searches without a warrant, unless the minor has committed a specific type of crime or there is reason to believe the minor may be hiding contraband. When juvenile detention facilities ignore the law and still conduct these searches, they can be found liable of committing sexual abuse.

If you were detained and subjected to unlawful strip searches, you could have the right to file a lawsuit for child sex abuse. For more information about the legal options available to you, please do not hesitate to reach out to our experts here at the Downtown L.A. Law Group as soon as possible.

Our lawyers have decades of experience and are ready to provide you with the guidance that you need to fight for your rights and get the justice that you are owed. If you are ready to speak with our juvenile hall sex abuse lawyers, contact us today. Let us help you pursue your claim and recover the compensation that you are owed.

Understanding the Searches that are Allowed

Of course, contraband is a serious issue in juvenile halls. Contraband can pose a risk to all youth and even to staff. Because of this, it is important for juvenile hall facilities and youth camps take the necessary measures to be able to identify any contraband, such as weapons, illicit substances, phones, and more. There are many different types of searches that these facilities can conduct. More specifically, under PEN § 4030(d)(1), these facilities can conduct “patdown searches, metal detector searches, body scanners, and…clothing searches in order to discover and retrieve concealed weapons and contraband substances.” Even though this law is clear, facilities still continue to conduct additional searches without proper authorization. This can include strip searches.

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What Does the Law State about Strip Searches at Juvenile Halls?

As mentioned, some searches can be unlawful. However, it is important to understand the law that makes said searches unlawful. More specifically, it is important to understand PEN § 4030. Under section (e), minors with the exception of “minors alleged to have committed felonies or offenses involving weapons, controlled substances, or violence” shall not be subjected to strip searches or other more invasive searches unless it has been determined that there is a “reasonable suspicion” that the minor is “concealing a weapon or contraband.” Still, these additional searches are not to be conducted without authorization – or without the proper warrant. Under section (l), all strip searches must be conducted in a private area so that it cannot be observed by others that are not directly participating in the search. In addition, section (m) states that anyone “who knowingly and willingly authorizes or conducts” a search in violation of the sections set forth in PEN § 4030 are “guilty of a misdemeanor.” So, although strip searches may be conducted with a warrant, strip searches are not the norm.

What about Cavity Searches? – Cavity searches (both visual and physical) are invasive searches. Just like with strip searches, cavity searches require warrants. In addition, all those involved in cavity searches must be the same sex as the juvenile, with the exception of the person actually conducting the search; the person conducting the cavity search must be a doctor, registered nurse, nurse practitioner, or the facility doctor, for example. These searches must also be conducted in private. If you were subjected to an unlawful cavity search, whether it was a visual search or a physical search, you could have grounds to file a lawsuit. This is all outlined in Penal Code 4030. If you were subjected to a cavity search without a warrant and are interested in pursuing a juvenile hall cavity search sex abuse claim, contact us today.

Can I File a Lawsuit?

Yes, based on the details surrounding the claim; you could actually have the right to file a child sex abuse lawsuit. In addition to unlawful strip searches, other issues could include the guards making comments while conducting the search, the staff making sexual comments during the search, or any other sexual misconduct during the search. In fact, section (o) of the law discussed above clearly states that those subjected to any unlawful searches could pursue civil action.

Of course, it can be very difficult for victims to come forward and seek justice. After all, the mental and emotional harm associated with the abuse can continue long after any physical injuries have healed. For more information about your right to file a lawsuit, please do not hesitate to reach out to the experts here at the Downtown L.A. Law Group at your earliest convenience.

Could I Recover Compensation for a Juvenile Hall Sex Abuse Claim?

Yes – you could be entitled to recover compensation. Under section (o) of penal code 4030, victims could pursue civil action for actual damages or $1,000, whichever is greater. What could I recover? Although every claim is different, you could be entitled to receive compensation for medical costs, lost income, pain and suffering, punitive damage, and legal fees, for example. In general, these cases can be worth up to $5 million, although they can be worth even more. For a more in-depth evaluation of the possible value of your juvenile hall child sex abuse claim, contact us today.

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How Long Do I Have to Sue?

Under California law, victims of child sex abuse have until the age of forty (or within five years of discovering the harm caused by the abuse) to file their lawsuits. However, claims involving the county or other government entities (like juvenile hall and youth camp sex abuse claims) are often subject to much shorter deadlines. For more information about the total length of time that you have to file your lawsuit, contact us today.

Call the Juvenile Hall Strip Search Sex Abuse Lawyers at the Downtown L.A. Law Group Today

Juvenile detention facilities operated by the county or other government entities need warrants in order to conduct strip searches. If you were subjected to an unlawful strip search, you could have the right to file a lawsuit; you could also be entitled to receive compensation. If you are ready to speak with our experienced sex abuse lawyers, contact us today. Our experts here at the Downtown L.A. Law Group have decades of experience and are ready to provide you with the guidance that you need to fight for your right to justice.

Our team is proud to offer free case evaluations, which include free consultations and free second opinions. During these free legal services, our experts will be available to answer all your questions and address all your concerns to ensure that you have access to all the information that you need to take legal action.

Zero-Fee Guarantee: you will never be required to pay any upfront legal costs for any of our legal services. In addition, our team works on a contingency structure, so our clients will not be responsible for paying anything if claims are unsuccessful. If you do not win, you do not pay anything.

If you are ready to speak with our juvenile hall strip search lawsuit lawyers, contact us today.


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