California Inmate’s Wife Receives $5.6 Million Settlement for Strip Search

Christina Cardenas’ ordeal began on September 6, 2019 when she drove several hours to see her husband at the prison in Tehachapi, California. Before she could see her husband, Cardenas was told that she had to submit to a strip search, along with pregnancy and drug tests, CT and X-ray scans, which had to be performed at the Adventist Health Tehachapi Valley hospital.

Cardenas was served with a warrant that was used to justify the strip search, but the warrant said that a strip search could only take place if an X-ray scan showed foreign objects in Cardenas’ body that indicate the possibility of contraband. Since her X-ray and CT scans showed no such evidence, prison officers had no right to insist on a strip search. This was a brutal experience for Cardenas, who endured a “humiliating perp walk” through the prison in handcuffs and denied water or bathroom breaks for most of the search process.

On top of all this, she was sexually abused by the doctor that performed the strip search. Keep in mind that Cardenas had undergone this process in a previous visit when she went to the prison to marry her husband, Carlos Cardenas. So, she was aware of what was appropriate during a prison visit strip search. What she experienced that day went above and beyond the scope of the warrant that was given to her.

If all this was not enough, she was asked by a prison official, “Why do you visit, Christina? You don’t have to visit. It’s a choice, and this is part of visiting.” Essentially, he was blaming her for the pain and humiliation of the experience and implying that this is what she deserved for asserting her right to visit her husband. Later on, she was sent invoices totaling over $5,000 for the tests and procedures at the hospital, even though she was not in violation of the prison’s contraband rules.

It’s important to note that contraband regulations in prison, along with strip searches, are required by law in certain situations, whether you are an inmate or a visitor of an inmate. However, loved ones that are visiting must be served a search warrant ahead of time that clearly details the procedure. Spouses and family members must also be treated with respect, and not be subjected to intimidation tactics or denied water and restroom breaks for long periods of time.

Aside from the treatment she received at the prison in Tehachapi, the victim was sexually assaulted by a doctor during the strip search, further adding to her trauma and humiliation. As part of her settlement, the California Department of Corrections and Rehabilitation will distribute a memorandum to prison employees to improve protections for those who are visiting an inmate. This includes ensuring that the visitor and everyone involved in the process reads and understands the search warrant in its entirety. Additionally, the scope of the warrant cannot be exceeded by prison officers of anyone who is part of the search process (doctors and nurses, for example).

It’s astounding that such common sense measures were not in place already, but the California prison system has many problems that need to be addressed. Sadly, many of these issues will be ignored or brushed aside until someone like Cardenas steps forward and demands justice for herself and others that have loved ones in prison.

The fact that Christina Cardenas received over $5,000,000 in damages may be surprising to some people, but these amounts are not unusual for lawsuits of sexual abuse during a strip search. Cardenas was put through a humiliating ordeal of sexual violation by a doctor. Furthermore, she was intimidated and misled on her legal rights by a prison officer who essentially blamed her for the incident. To add insult to injury, she was billed for the hospital visit that caused her to be assaulted, even though no contraband was found on her.

The cruel and unusual treatment that was inflicted on Cardenas, not to mention the lifelong trauma she will have to endure, are two of the factors that played a role in her $5,600,000 settlement. What you can receive from a lawsuit depends on various elements that are specific to your own incident of sexual abuse during a strip search. However, it’s safe to say that most of these lawsuits are worth between $1,000,000 and $5,000,000. Cases of extreme psychological and physical injury resulting from sexual assault at a prison can even settle for $10,000,000 and above.

Lawsuits based on sexual abuse, like being violated in a sexual manner during a strip search, have a deadline of 10 years. In essence, you must file a claim against the responsible individual and/or organization within 10 years of the incident date.

Please note that if you sustained emotional or physical injury during a strip search that did not involve sexual abuse, you have less time to file a lawsuit against the California Department of Corrections and Rehabilitation. Personal injury claims against government agencies normally have a deadline of 6 months from when the incident occurred.

The statute of limitations cannot be waived, except in rare cases that involve extreme circumstances. It’s essential that victims file a prison visitor strip search violation claim as soon as possible, so please take a moment to contact our office.

Our law firm operates under the Zero Fee Guarantee, meaning you are never charged out of pocket for any of our services. That means you can hire a California prison illegal strip search lawsuit attorney for $0. At the point we recover your settlement award, a percentage of the funds will be deducted to pay for legal fees. Please note that this is the only way we get paid, so you owe us absolutely nothing if we don’t win your case.

We are here for you day and night if you need information on your rights and legal options as a victim of sexual abuse. Contact us today and talk to one of our legal experts during a free case evaluation.

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Failure to Provide Medical Attention to Inmates in California Prisons
Visitor Injury While at Prison/Jail