A woman from California, who experienced a traumatic violation during a cavity search while attempting to see her imprisoned husband, has received a settlement of $5.6 million from the corrections department and the hospital involved in the incident, according to her legal representatives on Monday.
Christina Cardenas, 45, recounted her harrowing experience during an attempted visit to her incarcerated husband on September 6, 2019. She described feeling “traumatized” after enduring two strip searches, a cavity search involving an alleged violation by a male doctor, as well as X-ray and CT scans, along with drug and pregnancy tests, as detailed in the lawsuit she filed against the involved parties.
She subsequently received a $5,000 bill from the hospital that conducted the tests. However, Cardenas is set to recover that amount and more.
The California Department of Corrections and Rehabilitation is set to pay $3.6 million, with the remaining $5.6 million settlement being allocated among Adventist Health Tehachapi Valley Hospital, a physician, and two correctional officers. According to the Times, all defendants rejected any allegations of misconduct in the settlement.
However, it wasn’t solely about the finances. Cardenas stated that she took legal action against the defendants to ensure that the misconduct and violations she experienced do not occur to others who wished to visit their loved ones in prison.
According to the Times, the correction officers possessed a warrant allowing them to search any visitors of her husband, who has been incarcerated since 2001 following his conviction for armed robbery.The warrant specified that officers were permitted to perform a strip search on the visitor only if an X-ray revealed any foreign objects potentially classified as contraband within the visitor’s body. According to her lawyers, Cardenas had an X-ray and a CT scan, both of which showed no abnormalities.
Her legal team also claimed that a correctional officer attempted to coerce her during the invasive experience.
Gloria Allred, the renowned attorney known for her advocacy in women’s rights, is representing Cardenas.
According to Allred, Cardenas was subjected to a humiliating search procedure typically reserved for inmates, which involved stripping and squatting over a mirror.
Cardenas disclosed that during her transport to and from the hospital, she was placed in handcuffs, experiencing a “humiliating perp walk.” She stated that she was not allowed access to water or bathroom facilities for most of the search.
After an extensive search and testing that found no illegal items in her body or possessions, Cardenas was denied the opportunity to see her husband, Carlos Cardenas.
This harrowing experience was not the initial instance of her enduring a harsh examination by prison authorities.
The agreement also mandates that the California Department of Corrections and Rehabilitation issue a policy memorandum to staff to safeguard the rights of visitors during strip searches.
Prison officials are required to provide visitors with a copy of the search warrant and ensure that they read and comprehend it. The authorities must also adhere strictly to the limitations set forth in the warrant.