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Robyn Gallagher

The issue of cross-gender pat searches is bound to impact a correctional agency. What is unique about this article is that it takes a detailed look at the conflict between the rights of inmates not to be subjected to pat frisks by a member of the opposite sex and the right of correctional staff not to be discriminated against in regards to their gender and opportunities for employment. This Note is divided into four parts that address: cross-gender pat searches and various prisoners’ rights—the First, Fourth, Eighth, and Fourteenth Amendments, Prison Rape Elimination Act (PREA), Religious Freedom Restoration Act (RFRA), and Religious Land Use and Institutionalized Persons Act (RLUIPA); Title VII and the of female corrections officers; comparing rights and whether one set takes precedence over the other; and solutions to the problem. “Ultimately, this Note argues that an inmate’s rights, including Constitutional rights under the Fourth and Eighth Amendments, take precedence, and therefore, cross-gender pat searches should only be performed during emergencies. There are solutions, however, that respect inmate rights while preserving employment opportunities for both male and female correctional staff. To the extent possible, these solutions must be pursued prior to implementation of a bona fide occupational qualification, thereby preserving the rights of both prisoners and corrections officers” (p. 572).

Constitutional Law--Cross-Gender Pat Searches: The Battle Between Inmates and Corrections Officers Enters the Courtroom Cover
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