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Ellie Greenberger | Out-of-Circuit Comparisons for Clearly Established Constitutional Rights

In 2017, Clarissa Gilmore visited her incarcerated husband at Smith State Prison in Glenville, Georgia. Gilmore v. GA Dep’t of Corrections, 111 F.4th 1118, 1124 (11th Cir. 2024). Upon arrival, Gilmore proceeded through three types of searches: a pat-down, a metal detector wand, and an electromagnetic-radiation body scan. Id. Gilmore had encountered these three screenings during her previous visits to the prison. Id. However, on this occasion, two correctional officers interrupted her visit with her husband and took her to an empty bathroom insisting that she sign a strip-search approval form. Id.  The officers informed Gilmore that if she didn’t consent, she “would be sent to jail and would be unable to visit her husband at the prison again.” Id. Under such pressure, Gilmore signed the form, and the correctional officers conducted the strip search. Id. Gilmore sued, claiming that the officers violated her Fourth Amendment right to be free from unreasonable searches and seizures. Id. at 1125. In return, the officers argued that they were protected by qualified immunity. Id.

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