Christina Cardenas, the wife of a California inmate, has been awarded a $5.6 million settlement after she was subjected to a traumatic and invasive strip search during a visit to her husband at a state prison in Tehachapi, California, in September 2019.
The settlement, announced by her attorneys on Monday, highlights the egregious nature of the search and the systemic issues within California’s prison system.
Cardenas, who traveled four hours to visit her husband, was compelled to undergo a series of humiliating and invasive procedures. These included a strip search by prison personnel, drug and pregnancy tests, X-ray and CT scans at a nearby hospital, and a final strip search conducted by a male physician who sexually assaulted her.
Despite the absence of any contraband indicated by the X-rays and CT scans, Cardenas was denied the opportunity to visit her husband and was even told she would be responsible for the hospital charges, which later totaled over $5,000.
The search was executed under a warrant that stipulated a strip search could only occur if an X-ray indicated the presence of foreign objects that could be deemed contraband. However, no such evidence was found, yet the searches continued, culminating in a cavity examination at the hospital.
During the ordeal, Cardenas was handcuffed and subjected to a “humiliating perp walk” between the hospital and the prison, and she was denied access to water and restroom facilities for most of the search duration.
One prison official questioned her, saying, “Do you, Christina, have to visit? It’s a choice, and this is part of visiting,” which her attorney, Gloria Allred, described as a tactic of intimidation aimed at undermining Cardenas’ right to visit her husband.
The settlement requires the California Department of Corrections and Rehabilitation,CDCR,to pay $3.6 million, with the remaining amount covered by other defendants, including two correctional officers, a physician, and Adventist Health Tehachapi Valley hospital.
The CDCR is also mandated to issue a policy memorandum to its staff aimed at enhancing the protection of visitors’ rights during strip searches, ensuring that the search warrant is comprehensively read and understood by the visitor, and that the scope of the warrant is not exceeded.
Cardenas’ case is not an isolated incident; it reflects broader issues within California’s prison system. The U.S. Justice Department has recently launched an investigation into allegations of systemic sexual abuse by correctional officers at two women’s prisons in California, highlighting the pervasive nature of these abuses.
Gloria Allred emphasized that Cardenas’ experience is not unique and expressed hope that this case will contribute to safeguarding the rights of spouses and family members visiting their incarcerated loved ones. “This sends a clear message: spouses and any visitors must be treated with respect, dignity, and their rights must be upheld,” Allred said.
The settlement and the ongoing investigations into California’s prison system underscore the need for significant reforms to protect the rights and dignity of both inmates and their visitors.
