hudson
palmer
argued
december
decided
july
respondent
inmate
virginia
penal
institution
filed
action
federal
district
petitioner
officer
institution
alleging
petitioner
conducted
unreasonable
shakedown
search
respondent
prison
locker
cell
brought
false
charge
prison
disciplinary
procedures
destroying
state
property
respondent
solely
harass
violation
respondent
fourteenth
amendment
right
deprived
property
without
due
process
law
petitioner
intentionally
destroyed
certain
respondent
noncontraband
personal
property
search
district
granted
summary
judgment
petitioner
appeals
affirmed
regard
district
holding
respondent
deprived
property
without
due
process
appeals
concluded
decision
parratt
taylor
holding
negligent
deprivation
prison
inmate
property
state
officials
violate
due
process
clause
fourteenth
amendment
adequate
state
remedy
exists
extend
also
intentional
deprivations
property
however
appeals
reversed
remanded
regard
respondent
claim
shakedown
search
unreasonable
held
prisoner
limited
privacy
right
cell
entitling
protection
searches
conducted
solely
harass
humiliate
remand
necessary
determine
purpose
search
held
prisoner
reasonable
expectation
privacy
prison
cell
entitling
protection
fourth
amendment
unreasonable
searches
prisoners
enjoy
many
protections
constitution
fundamentally
inconsistent
imprisonment
incompatible
objectives
incarceration
imprisonment
carries
circumscription
loss
many
rights
necessary
accommodate
institutional
needs
objectives
prison
facilities
particularly
internal
security
safety
impossible
accomplish
prison
objectives
preventing
introduction
weapons
drugs
contraband
premises
inmates
retained
right
privacy
cells
unpredictability
attends
random
searches
cells
renders
searches
perhaps
effective
weapon
prison
administrator
fight
proliferation
weapons
drugs
contraband
requirement
random
searches
conducted
pursuant
established
plan
seriously
undermine
effectiveness
weapon
pp
merit
respondent
contention
destruction
personal
property
constituted
unreasonable
seizure
property
violative
fourth
amendment
assuming
fourth
amendment
protects
destruction
property
addition
mere
seizure
reasons
lead
conclusion
amendment
proscription
unreasonable
searches
inapplicable
prison
cell
apply
controlling
force
seizures
prison
officials
must
free
seize
cells
articles
view
disserve
legitimate
institutional
interests
even
petitioner
intentionally
destroyed
respondent
personal
property
challenged
shakedown
search
destruction
violate
due
process
clause
fourteenth
amendment
since
respondent
adequate
postdeprivation
remedies
virginia
law
loss
suffered
decision
parratt
taylor
supra
negligent
deprivation
state
employee
prisoner
property
well
rationale
deprivations
property
effected
random
unauthorized
conduct
state
employee
procedures
impracticable
since
state
know
deprivations
occur
also
applies
intentional
deprivations
property
district
least
implicitly
appeals
held
several
remedies
available
respondent
virginia
law
provide
adequate
compensation
property
loss
reason
question
determination
fact
respondent
might
able
recover
remedies
full
amount
might
receive
action
determinative
adequacy
state
remedies
respondent
contention
relief
state
law
uncertain
state
employee
might
entitled
sovereign
immunity
courts
held
respondent
claim
barred
sovereign
immunity
since
virginia
law
state
employee
may
held
liable
intentional
torts
pp
burger
delivered
opinion
white
powell
rehnquist
joined
part
brennan
marshall
blackmun
stevens
also
joined
filed
concurring
opinion
post
stevens
filed
opinion
concurring
part
dissenting
part
brennan
marshall
blackmun
joined
post
together
palmer
hudson
also
certiorari
william
broaddus
chief
deputy
attorney
general
virginia
argued
cause
petitioner
respondent
briefs
gerald
baliles
attorney
general
donald
gehring
deputy
attorney
general
peter
rudy
assistant
attorney
general
deborah
wyatt
argued
cause
respondent
petitioner
briefs
leon
friedman
chief
justice
burger
delivered
opinion
granted
certiorari
decide
whether
prison
inmate
reasonable
expectation
privacy
prison
cell
entitling
protection
fourth
amendment
unreasonable
searches
seizures
also
granted
certiorari
determine
whether
decision
parratt
taylor
held
negligent
deprivation
property
state
officials
violate
fourteenth
amendment
adequate
postdeprivation
state
remedy
exists
extend
intentional
deprivations
property
facts
underlying
dispute
relatively
simple
respondent
palmer
inmate
bland
correctional
center
bland
serving
sentences
forgery
uttering
grand
larceny
bank
robbery
convictions
september
petitioner
hudson
officer
correctional
center
fellow
officer
conducted
shakedown
search
respondent
prison
locker
cell
contraband
shakedown
officers
discovered
ripped
pillowcase
trash
near
respondent
cell
bunk
charges
palmer
instituted
prison
disciplinary
procedures
destroying
state
property
hearing
palmer
found
guilty
charge
ordered
reimburse
state
cost
material
destroyed
addition
reprimand
entered
prison
record
palmer
subsequently
brought
pro
se
action
district
respondent
claimed
hudson
conducted
shakedown
search
cell
brought
false
charge
solely
harass
violation
fourteenth
amendment
right
deprived
property
without
due
process
law
hudson
intentionally
destroyed
certain
noncontraband
personal
property
september
search
hudson
denied
allegation
moved
granted
summary
judgment
district
accepted
respondent
allegations
true
held
nonetheless
relying
parratt
taylor
supra
alleged
destruction
respondent
property
even
intentional
violate
fourteenth
amendment
state
tort
remedies
available
redress
deprivation
app
alleged
harassment
rise
level
constitutional
deprivation
appeals
affirmed
part
reversed
part
remanded
proceedings
affirmed
district
holding
respondent
deprived
property
without
due
process
acknowledged
considered
claim
negligent
property
deprivation
parratt
taylor
supra
agreed
district
however
logic
parratt
applies
equally
unauthorized
intentional
deprivations
property
state
officials
nce
assumed
postdeprivation
remedy
cure
unintentional
negligent
act
causing
injury
inflicted
state
agent
unamenable
prior
review
principle
applies
well
random
unauthorized
intentional
acts
appeals
discuss
availability
adequacy
existing
remedies
presumably
accepted
correct
district
statement
remedies
available
virginia
law
appeals
reversed
summary
judgment
respondent
claim
shakedown
search
unreasonable
recognized
bell
wolfish
authorized
irregular
unannounced
shakedown
searches
prison
cells
held
individual
prisoner
limited
privacy
right
cell
entitling
protection
searches
conducted
solely
harass
humiliate
shakedown
single
prisoner
property
said
permissible
done
pursuant
established
program
conducting
random
searches
single
cells
groups
cells
reasonably
designed
deter
discover
possession
contraband
upon
reasonable
belief
particular
prisoner
possessed
contraband
appeals
concluded
record
reflected
factual
dispute
whether
search
respondent
cell
routine
conducted
harass
respondent
held
summary
judgment
inappropriate
remand
necessary
determine
purpose
cell
search
granted
certiorari
affirm
part
reverse
part
ii
first
question
address
whether
respondent
right
privacy
prison
cell
entitling
protection
fourth
amendment
unreasonable
searches
noted
appeals
held
district
summary
judgment
petitioner
favor
premature
respondent
limited
privacy
right
cell
might
breached
concluded
protect
privacy
right
shakedown
searches
individual
cell
performed
pursuant
established
program
conducting
random
searches
reasonably
designed
deter
discover
possession
contraband
upon
reasonable
belief
prisoner
possesses
contraband
petitioner
contends
appeals
erred
holding
respondent
even
limited
privacy
right
cell
urges
adopt
bright
line
rule
prisoners
legitimate
expectation
privacy
individual
cells
entitle
fourth
amendment
protection
repeatedly
held
prisons
beyond
reach
constitution
iron
curtain
separates
one
wolff
mcdonnell
indeed
insisted
prisoners
accorded
rights
fundamentally
inconsistent
imprisonment
incompatible
objectives
incarceration
example
held
invidious
racial
discrimination
intolerable
within
prison
outside
except
may
essential
prison
security
discipline
lee
washington
per
curiam
like
others
prisoners
constitutional
right
petition
government
redress
grievances
includes
reasonable
right
access
courts
johnson
avery
prisoners
must
provided
reasonable
opportunities
exercise
religious
freedom
guaranteed
first
amendment
cruz
beto
per
curiam
similarly
retain
first
amendment
rights
speech
inconsistent
status
prisoner
legitimate
penological
objectives
corrections
system
pell
procunier
enjoy
protection
due
process
wolff
mcdonnell
supra
haines
kerner
eighth
amendment
ensures
subject
cruel
unusual
punishments
estelle
gamble
continuing
guarantee
substantial
rights
prison
inmates
testimony
belief
way
society
treats
transgressed
evidence
essential
character
society
however
persons
imprisoned
crime
enjoy
many
protections
constitution
also
clear
imprisonment
carries
circumscription
loss
many
significant
rights
see
bell
wolfish
constraints
inmates
cases
complete
withdrawal
certain
rights
justified
considerations
underlying
penal
system
price
johnston
see
also
bell
wolfish
supra
cases
cited
wolff
mcdonnell
supra
curtailment
certain
rights
necessary
practical
matter
accommodate
myriad
institutional
needs
objectives
prison
facilities
wolff
mcdonnell
supra
chief
among
internal
security
see
pell
procunier
supra
course
restrictions
retractions
also
serve
incidentally
reminders
system
justice
deterrence
retribution
factors
addition
correction
called
upon
decide
specific
question
whether
fourth
amendment
applies
within
prison
cell
nature
inquiry
well
defined
must
determine
fourth
amendment
contexts
justifiable
expectation
privacy
stake
katz
applicability
fourth
amendment
turns
whether
person
invoking
protection
claim
justifiable
reasonable
legitimate
expectation
privacy
invaded
government
action
smith
maryland
cases
cited
must
decide
justice
harlan
words
whether
prisoner
expectation
privacy
prison
cell
kind
expectation
society
prepared
recognize
reasonable
katz
supra
concurring
opinion
notwithstanding
caution
approaching
claims
fourth
amendment
inapplicable
given
context
hold
society
prepared
recognize
legitimate
subjective
expectation
privacy
prisoner
might
prison
cell
accordingly
fourth
amendment
proscription
unreasonable
searches
apply
within
confines
prison
cell
recognition
privacy
rights
prisoners
individual
cells
simply
reconciled
concept
incarceration
needs
objectives
penal
institutions
prisons
definition
places
involuntary
confinement
persons
demonstrated
proclivity
antisocial
criminal
often
violent
conduct
inmates
necessarily
shown
lapse
ability
control
conform
behavior
legitimate
standards
society
normal
impulses
shown
inability
regulate
conduct
way
reflects
either
respect
law
appreciation
rights
others
even
partial
survey
statistics
violent
crime
nation
prisons
illustrates
magnitude
problem
first
half
prisoners
murdered
fellow
inmates
state
federal
prisons
number
prison
personnel
murdered
prisoners
period
riots
similar
disturbances
reported
facilities
time
frame
suicides
institutions
see
prison
violence
corrections
compendium
mar
additionally
informal
statistics
bureau
prisons
show
federal
system
inmate
homicides
inmate
assaults
inmates
inmate
assaults
prison
staff
suicides
system
inmate
assaults
inmates
inmate
assaults
prison
personnel
within
volatile
community
prison
administrators
take
necessary
steps
ensure
safety
prison
staffs
administrative
personnel
also
visitors
obligation
take
reasonable
measures
guarantee
safety
inmates
must
ever
alert
attempts
introduce
drugs
contraband
premises
judicially
notice
one
perplexing
problems
prisons
today
must
prevent
far
possible
flow
illicit
weapons
prison
must
vigilant
detect
escape
plots
drugs
weapons
may
involved
schemes
materialize
addition
monumental
tasks
incumbent
upon
officials
time
maintain
sanitary
environment
inmates
feasible
given
difficulties
circumstances
administration
prison
said
best
extraordinarily
difficult
undertaking
wolff
mcdonnell
hewitt
helms
literally
impossible
accomplish
prison
objectives
identified
inmates
retained
right
privacy
cells
virtually
place
inmates
conceal
weapons
drugs
contraband
cells
unfettered
access
cells
prison
officials
thus
imperative
drugs
contraband
ferreted
sanitary
surroundings
maintained
determining
whether
expectation
privacy
legitimate
reasonable
necessarily
entails
balancing
interests
two
interests
interest
society
security
penal
institutions
interest
prisoner
privacy
within
cell
latter
interest
course
already
limited
exigencies
circumstances
prison
shares
none
attributes
privacy
home
automobile
office
hotel
room
lanza
new
york
strike
balance
favor
institutional
security
noted
central
corrections
goals
pell
procunier
right
privacy
traditional
fourth
amendment
terms
fundamentally
incompatible
close
continual
surveillance
inmates
cells
required
ensure
institutional
security
internal
order
satisfied
society
insist
prisoner
expectation
privacy
always
yield
must
considered
paramount
interest
institutional
security
believe
accepted
society
oss
freedom
choice
privacy
inherent
incidents
confinement
bell
wolfish
appeals
troubled
possibility
searches
conducted
solely
harass
inmates
reasoned
requirement
searches
conducted
pursuant
established
policy
upon
reasonable
suspicion
prevent
searches
maximum
extent
possible
course
risk
maliciously
motivated
searches
course
intentional
harassment
even
hardened
criminals
tolerated
civilized
society
however
disagree
proposed
solution
uncertainty
attends
random
searches
cells
renders
searches
perhaps
effective
weapon
prison
administrator
constant
fight
proliferation
knives
guns
illicit
drugs
contraband
appeals
candidly
acknowledged
device
random
cell
searches
obvious
utility
achieving
goal
prison
security
requirement
even
random
searches
conducted
pursuant
established
plan
seriously
undermine
effectiveness
weapon
simply
naive
believe
prisoners
eventually
decipher
plan
officials
might
devise
planned
random
searches
thus
able
routinely
anticipate
searches
virginia
identified
shortcomings
approach
adopted
appeals
necessity
allowing
prison
administrators
flexibility
one
advocate
prison
searches
must
conducted
pursuant
enunciated
general
policy
suspicion
directed
particular
inmate
ignore
realities
prison
operation
random
searches
inmates
individually
collectively
cells
lockers
valid
necessary
ensure
security
institution
safety
inmates
others
within
boundaries
type
search
allows
prison
officers
flexibility
prevents
inmates
anticipating
thereby
thwarting
search
contraband
marrero
commonwealth
respondent
acknowledges
routine
shakedowns
prison
cells
essential
effective
administration
prisons
brief
respondent
contends
however
constitutionally
entitled
subjected
searches
conducted
harass
crux
claim
searches
seizures
harass
unreasonable
prisoner
reasonable
expectation
privacy
cell
locker
personal
effects
person
invaded
purpose
argument
assumes
answer
predicate
question
whether
prisoner
legitimate
expectation
privacy
prison
cell
merely
challenge
reasonableness
particular
search
respondent
cell
conclude
prisoners
legitimate
expectation
privacy
fourth
amendment
prohibition
unreasonable
searches
apply
prison
cells
need
address
issue
holding
respondent
reasonable
expectation
privacy
enabling
invoke
protections
fourth
amendment
mean
without
remedy
calculated
harassment
unrelated
prison
needs
mean
prison
attendants
ride
roughshod
inmates
property
rights
impunity
eighth
amendment
always
stands
protection
cruel
unusual
punishments
token
adequate
state
tort
remedies
available
respondent
redress
alleged
destruction
personal
property
see
discussion
infra
complaint
district
addition
claim
shakedown
search
cell
violated
fourth
fourteenth
amendment
privacy
rights
respondent
alleged
petitioner
intentionally
destroyed
certain
personal
property
search
destruction
respondent
contended
deprived
property
without
due
process
violation
due
process
clause
fourteenth
amendment
district
dismissed
portion
respondent
complaint
failure
state
claim
reasoning
parratt
taylor
held
even
intentional
destruction
property
state
employee
violate
due
process
state
provides
meaningful
postdeprivation
remedy
appeals
affirmed
question
presented
review
palmer
whether
decision
parratt
taylor
extend
appeals
held
intentional
deprivations
property
state
employees
acting
color
state
law
parratt
taylor
state
prisoner
sued
prison
officials
alleging
negligent
loss
hobby
kit
ordered
catalog
deprived
property
without
due
process
law
violation
fourteenth
amendment
appeals
eighth
circuit
affirmed
district
summary
judgment
prisoner
favor
reversed
holding
due
process
clause
fourteenth
amendment
violated
state
employee
negligently
deprives
individual
property
provided
state
makes
available
meaningful
postdeprivation
remedy
viewed
decision
parratt
consistent
prior
cases
recognizing
either
necessity
quick
action
state
impracticality
providing
meaningful
predeprivation
process
coupled
availability
meaningful
means
assess
propriety
state
action
time
initial
taking
satisf
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requirements
procedural
due
process
omitted
difficult
conceive
state
provide
meaningful
hearing
deprivation
takes
place
loss
property
although
attributable
state
action
color
law
almost
cases
beyond
control
state
indeed
cases
impracticable
impossible
provide
meaningful
hearing
deprivation
ibid
parratt
necessarily
limited
facts
negligent
deprivations
property
evident
appeals
recognized
reasoning
applies
well
intentional
deprivations
property
underlying
rationale
parratt
deprivations
property
effected
random
unauthorized
conduct
state
employee
predeprivation
procedures
simply
impracticable
since
state
know
deprivations
occur
discern
logical
distinction
negligent
intentional
deprivations
property
insofar
practicability
affording
predeprivation
process
concerned
state
anticipate
control
advance
random
unauthorized
intentional
conduct
employees
anticipate
similar
negligent
conduct
arguably
intentional
acts
even
difficult
anticipate
one
bent
intentionally
depriving
person
property
might
well
take
affirmative
steps
avoid
signalling
intent
negligent
deprivations
property
violate
due
process
clause
predeprivation
process
impracticable
follows
intentional
deprivations
violate
clause
provided
course
adequate
state
postdeprivation
remedies
available
accordingly
hold
unauthorized
intentional
deprivation
property
state
employee
constitute
violation
procedural
requirements
due
process
clause
fourteenth
amendment
meaningful
postdeprivation
remedy
loss
available
intentional
negligent
deprivations
property
state
employees
state
action
complete
unless
provides
refuses
provide
suitable
postdeprivation
remedy
respondent
presses
two
arguments
require
least
brief
comment
first
contends
agent
state
intends
deprive
person
property
provide
predeprivation
process
matter
due
process
must
brief
respondent
emphasis
original
argument
reflects
fundamental
misunderstanding
parratt
held
postdeprivation
procedures
satisfy
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footnotes
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amendment
protect
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cell
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note
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infra
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commonwealth
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illinois
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claim
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ripe
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jacobsen
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appropriate
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becomes
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seizure
unreasonable
questions
fourth
amendment
reasonableness
resolved
balancing
intrusion
constitutionally
protected
interests
law
enforcement
interests
justifying
challenged
conduct
well
settled
discretion
accorded
prison
officials
absolute
prisoner
retains
constitutional
rights
inconsistent
legitimate
penological
objectives
penological
justification
seizure
alleged
contention
palmer
property
posed
threat
institutional
security
hudson
already
examined
material
took
destroyed
allegation
hudson
reason
save
spite
contention
prison
regulations
material
contraband
event
indicated
constitution
prohibits
state
treating
letters
legal
materials
contraband
agrees
intentional
harassment
prisoners
guards
intolerable
ante
case
room
conclusion
alleged
seizure
unreasonable
need
close
continual
surveillance
inmates
cells
ante
way
justifies
taking
destroying
noncontraband
property
material
examined
found
contraband
justification
seizure
material
issue
contraband
simply
makes
sense
say
seizure
destruction
serve
legitimate
institutional
interests
ante
seizures
unreasonable
holding
based
belief
society
recognize
reasonable
possessory
interests
prisoners
perception
society
prepared
recognize
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based
empirical
data
rather
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reflects
perception
four
justices
joined
opinion
chief
justice
authored
question
seizures
society
prepared
consider
reasonable
surely
consensus
issue
lower
courts
significance
virtually
every
federal
judge
address
question
past
decade
concluded
fourth
amendment
apply
prison
cell
similar
unanimity
among
commentators
acknowledges
intentional
harassment
even
hardened
criminals
tolerated
civilized
society
ante
case
fail
see
seizure
serves
purpose
except
harassment
invade
interest
society
considers
reasonable
protected
fourth
amendment
rests
view
reasonableness
almost
entirely
upon
assessment
security
needs
prisons
ante
deference
institutional
needs
critical
approach
worth
inquiring
view
prison
administrators
take
toward
conduct
type
issue
score
demonstrates
remarkable
lack
awareness
penologists
correctional
officials
consider
legitimate
institutional
interests
unaware
responsible
prison
administrator
ever
contended
need
take
destroy
noncontraband
property
prisoners
certainly
provides
evidence
support
conclusion
institutions
require
sort
power
contrary
appears
view
correctional
officials
guards
neither
seize
destroy
noncontraband
property
example
federal
bureau
prisons
regulations
state
items
may
possessed
prisoner
seized
prison
officials
see
cfr
also
provide
prisoner
retain
property
consistent
prison
management
specifically
including
clothing
legal
materials
hobbycraft
materials
commissary
items
radios
watches
correspondence
reading
materials
personal
photos
virginia
law
department
corrections
regulations
similarly
authorize
seizure
contraband
items
alone
aware
prison
system
different
practice
standards
prison
administration
promulgated
correctional
institutions
invariably
require
prison
officials
respect
prisoners
possessory
rights
noncontraband
personal
property
depriving
inmates
residuum
privacy
possessory
rights
fact
plainly
contrary
institutional
goals
sociologists
recognize
prisoners
deprived
sense
individuality
devalue
others
therefore
prone
violence
toward
others
time
approach
undermines
rehabilitative
function
institution
without
privacy
dignity
provided
fourth
amendment
coverage
inmate
opportunity
reform
small
may
diminished
anomalous
provide
prisoner
rehabilitative
programs
services
effort
build
simultaneously
subjecting
unjustified
degrading
searches
seizures
gianelli
gilligan
prison
searches
seizures
locking
fourth
amendment
correctional
facilities
rev
justify
conclusion
recites
statistics
concerning
number
crimes
occur
within
prisons
example
notes
period
approximately
prisoners
murdered
state
federal
facilities
ante
end
inmates
state
federal
prisons
homicide
rate
per
year
yields
annual
prison
homicide
rate
persons
per
inmates
homicide
rate
miami
per
new
york
per
dallas
per
district
columbia
per
thus
prison
homicide
rate
turns
significantly
lower
many
major
cities
suggest
type
analysis
provides
standard
measuring
reasonableness
search
seizure
within
prisons
suggest
use
statistics
less
persuasive
size
inmate
population
also
belies
hypothesis
prisoners
fit
violent
incorrigible
stereotype
many
course
become
recidivists
literally
thousands
upon
thousands
former
prisoners
leading
constructive
lives
nihilistic
tone
opinion
seemingly
assuming
prisoners
demonstrated
inability
control
conform
behavior
legitimate
standards
society
normal
impulses
ante
consistent
conception
prisons
sterile
warehouses
enlightened
view
function
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prison
system
final
analysis
however
deference
institutional
needs
totally
undermined
fact
palmer
property
contraband
palmer
allowed
possess
property
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need
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prisoner
cell
reasonable
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cell
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contraband
need
seizure
destruction
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found
searches
accord
prisoners
less
protection
declare
prisoners
entitled
measure
human
dignity
individuality
photo
letter
anything
except
prison
clothing
free
arbitrary
seizure
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view
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today
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prisoners
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view
thought
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long
ago
iii
adopting
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line
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prison
administration
thought
abandoned
forever
wrote
wolff
mcdonnell
hough
rights
may
diminished
needs
exigencies
institutional
environment
prisoner
wholly
stripped
constitutional
protections
imprisoned
crime
iron
curtain
drawn
constitution
prisons
country
today
holding
squared
text
constitution
common
sense
fourth
amendment
general
application
text
requires
every
search
seizure
papers
effects
evaluated
reasonableness
refusal
inquire
reasonableness
official
conduct
whenever
prisoner
involved
conclusive
presumption
searches
seizures
prisoners
property
reasonable
squared
neither
constitutional
text
reality
acknowledged
prison
system
less
ideal
unfortunately
abusive
conduct
sometimes
occur
prisons
fundamentally
eagerness
adopt
rule
consistent
believes
wise
penal
administration
overlooks
purpose
written
constitution
bill
rights
purpose
course
ensure
certain
principles
sacrificed
expediency
enshrined
principles
fundamental
law
beyond
reach
governmental
officials
legislative
majorities
fourth
amendment
part
fundamental
law
represents
value
judgment
unjustified
search
seizure
greatly
threatens
individual
liberty
must
forever
condemned
matter
constitutional
principle
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special
obligation
protect
rights
prisoners
prisoners
truly
outcasts
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scorned
feared
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shut
away
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view
prisoners
surely
discrete
insular
minority
case
destruction
palmer
property
seizure
judiciary
constitutional
duty
determine
whether
justified
conclusive
presumption
conduct
prison
guards
reasonable
supported
nothing
idiosyncratic
view
imperatives
prison
administration
view
shared
prison
administrators
justification
nothing
less
decision
sacrifice
constitutional
principle
assessment
administrative
expediency
decade
ago
wrote
view
held
inmate
mere
slave
totally
rejected
restraints
punishment
criminal
conviction
entails
place
citizen
beyond
ethical
tradition
accords
respect
dignity
intrinsic
worth
every
individual
liberty
custody
mutually
exclusive
concepts
ex
rel
miller
twomey
footnotes
omitted
cert
denied
sub
nom
gutierrez
department
public
safety
illinois
accordingly
respectfully
dissent
judgment
part
opinion
see
hughes
rowe
per
curiam
california
motor
transport
trucking
unlimited
walker
process
equipment
food
machinery
chemical
cooper
pate
per
curiam
see
boag
macdougall
per
curiam
haines
kerner
per
curiam
around
officer
hudson
shook
locker
destroyed
lot
property
legal
materials
letters
personal
property
means
harassment
officer
hudson
violated
constitutional
rights
shakedown
routine
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planned
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stated
next
time
really
mess
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witnesses
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part
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simply
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holding
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taylor
facts
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understand
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apply
conduct
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right
actions
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officials
may
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matter
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see
parratt
blackmun
concurring
see
also
powell
concurring
result
cases
contended
established
prison
procedures
create
unreasonable
risk
prisoners
unjustifiably
deprived
property
see
see
also
block
rutherford
post
logan
zimmerman
brush
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willing
assume
purposes
case
holding
concerning
palmer
privacy
interests
correct
taken
endorsement
new
bright
line
rule
prisoner
expectation
privacy
papers
effects
ante
see
justification
applying
rule
minimum
security
facilities
inmates
pose
realistic
threat
security
housed
also
see
justification
reading
mail
prisoner
cleared
whatever
censorship
mechanism
employed
prison
received
prisoner
see
also
karo
post
place
brennan
concurring
result
texas
brown
stevens
concurring
judgment
see
also
bell
wolfish
marshall
dissenting
justice
like
members
majority
apparently
draw
distinction
physical
destruction
prisoner
property
indefinite
retention
see
ante
concurring
opinion
former
may
actionable
due
process
taking
clauses
entirely
sure
whether
believes
inmate
harassed
consistently
fourth
amendment
temporarily
taking
custody
correspondence
family
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example
incarceration
abates
legitimate
fourth
amendment
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possessory
interests
personal
effects
searches
seizures
contents
inmate
cell
reasonable
ibid
net
result
position
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harassment
means
temporarily
longer
duration
prisoner
incarceration
depriving
inmate
personal
effects
raises
fourth
amendment
issue
constitutional
issue
kind
property
ultimately
returned
existence
state
remedies
seizure
adverts
ante
justice
ante
course
irrelevant
fourth
amendment
question
since
provides
remedy
fourth
amendment
violations
supplemental
state
remedy
may
exist
monroe
pape
see
burnett
grattan
ante
patsy
florida
board
regents
fair
assessment
real
estate
mcnary
allen
mccurry
paul
davis
wilwording
swenson
per
curiam
mcneese
board
education
see
also
supra
point
unanimous
see
powell
concurring
result
today
see
ruckelshaus
monsanto
logan
zimmerman
brush
webb
fabulous
pharmacies
beckwith
greenholtz
nebraska
penal
inmates
leis
flynt
per
curiam
bishop
wood
nn
arnett
kennedy
powell
concurring
part
concurring
result
part
white
concurring
part
dissenting
part
marshall
dissenting
board
regents
roth
see
hewitt
helms
greenholtz
nebraska
penal
inmates
wolff
mcdonnell
see
procunier
martinez
prisoner
possession
types
personal
property
relating
religious
observance
bible
crucifix
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protected
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exercise
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beto
per
curiam
see
bounds
smith
see
jacobsen
michigan
long
place
bell
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bell
wolfish
procunier
martinez
cruz
beto
per
curiam
haines
kerner
per
curiam
see
also
rhodes
chapman
blackmun
concurring
judgment
estelle
gamble
saxbe
washington
post
powell
dissenting
see
bell
wolfish
jones
north
carolina
prisoners
labor
union
wolff
mcdonnell
pell
procunier
procunier
martinez
precedent
indicates
general
principle
inapplicable
fourth
amendment
acknowledges
statements
concerning
application
fourth
amendment
prisons
lanza
new
york
dicta
joined
majority
see
ante
therefore
understand
justice
seems
treat
case
authoritative
precedent
ante
concurring
opinion
bell
wolfish
explicitly
reserved
questions
concerning
prisoners
expectations
privacy
seizure
destruction
prisoners
property
see
edwards
approved
taking
arrestee
effects
immediate
possession
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reserved
decision
question
presented
see
conversely
last
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decided
today
took
given
seizure
prisoner
letters
subject
fourth
amendment
letters
voluntarily
written
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coercion
used
obtain
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without
process
came
possession
officials
penitentiary
established
practice
reasonably
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promote
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institution
circumstances
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testimony
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accused
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seizure
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stroud
follows
disagree
premise
justice
decides
case
act
taking
possession
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retention
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reasonable
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property
government
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fourth
amendment
concern
ante
concurring
opinion
hudson
infringement
palmer
possessory
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reasonable
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allegations
complaint
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must
neither
act
taking
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reasonable
justified
legitimate
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interest
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question
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see
lyon
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mills
cert
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app
lilly
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stumes
per
curiam
bonner
coughlin
modified
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harris
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ante
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wolff
mcdonnell
prior
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many
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see
generally
note
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rights
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developing
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rev
note
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convicts
yale
law
circuits
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amendment
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stanley
per
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diguiseppe
ward
vallez
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may
savage
cert
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see
aba
standards
criminal
justice
commentary
ed
gianelli
gilligan
prison
searches
seizures
locking
fourth
amendment
correctional
facilities
rev
singer
privacy
autonomy
dignity
prison
preliminary
inquiry
concerning
constitutional
aspects
degradation
process
prisons
buffalo
rev
note
constitutional
limitations
body
searches
prisons
colum
rev
comment
electronic
surveillance
california
prisons
delancie
superior
civil
liberty
civil
death
santa
clara
rev
see
cfr
regulations
also
state
staff
conducting
search
shall
leave
housing
work
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nearly
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original
order
see
also
dept
justice
federal
standards
prisons
jails
written
policy
procedure
specify
personal
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code
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personal
property
prisoner
state
correctional
facility
prohibited
possessing
code
virginia
rules
director
shall
found
possession
prisoner
confiscated
sold
destroyed
virginia
department
corrections
division
adult
services
guideline
sep
example
illinois
regulation
considered
bonner
coughlin
provided
important
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systematic
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justice
ed
american
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association
standards
adult
correctional
institutions
ed
national
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commission
criminal
standards
goals
corrections
summary
literature
found
schwartz
deprivation
privacy
functional
prerequisite
case
prison
crim
dept
justice
bureau
justice
statistics
prisoners
apr
see
dept
justice
federal
bureau
investigation
uniform
crime
reports
crime
pp
size
prison
population
also
sheds
light
society
may
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reasonable
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recognizes
prison
population
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acknowledge
millions
citizens
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well
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stereotypical
prison
inmate
entirely
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wide
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individuals
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system
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conscientious
objectors
refuse
register
draft
corporate
executives
convicted
violating
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antitrust
tax
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union
leaders
former
white
house
aides
former
governors
judges
legislators
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writers
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heroes
many
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holding
influenced
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recognizes
prisoners
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lead
flood
frivolous
lawsuits
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type
burden
sufficient
justify
judicial
modification
requirements
law
see
tower
glover
patsy
florida
board
regents
frivolous
cases
treated
exactly
occasions
fundamental
shifts
legal
doctrine
legal
system
developed
procedures
speedily
disposing
unfounded
claims
inadequate
protect
defendants
vexatious
litigation
something
wrong
procedures
fourth
amendment
hoover
ronwin
stevens
dissenting
omitted
fact
lower
courts
permitted
suits
brought
time
see
supra
without
disastrous
results
moreover
costs
awarded
plaintiff
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see
even
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provide
effective
weapon
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truly
groundless
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repeal
appear
extend
less
entire
amendment
appears
limit
holding
prisoner
papers
effects
located
cell
apparently
believes
least
prisoner
person
secure
unreasonable
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seizure
see
bell
wolfish
powell
concurring
part
dissenting
part
see
cases
cited
nn
supra
purpose
bill
rights
withdraw
certain
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political
controversy
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beyond
reach
majorities
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establish
legal
principles
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right
life
liberty
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free
speech
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press
freedom
worship
assembly
fundamental
rights
may
submitted
vote
depend
outcome
elections
west
virginia
board
education
barnette
makers
constitution
undertook
secure
conditions
favorable
pursuit
happiness
recognized
significance
man
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part
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satisfactions
life
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material
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americans
beliefs
thoughts
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conferred
government
right
let
alone
comprehensive
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right
valued
civilized
men
protect
right
every
unjustifiable
intrusion
government
upon
privacy
individual
whatever
means
employed
must
deemed
violation
fourth
amendment
olmstead
brandeis
dissenting
see
rhodes
chapman
brennan
concurring
judgment
blackmun
concurring
judgment
bailey
blackmun
dissenting
see
bernal
fainter
toll
moreno
blackmun
concurring
town
nursing
center
blackmun
concurring
judgment
massachusetts
board
retirement
murgia
per
curiam
hampton
mow
sun
wong
graham
richardson
oregon
mitchell
stewart
concurring
part
dissenting
part
carolene
products