
Screen shot from video produced by ACLU on the strip-search procedure (photo: ACLU)
(update below)
The American Civil Liberties Union (ACLU) and the ACLU of Michigan report the Michigan Department of Corrections has decided to no longer routinely subject women to body cavity searches at the Women’s Huron Valley Correctional facility. The facility had been forcing women to spread the lips of their vaginas for searches after shifts in prison jobs, after receiving medical care and after being visited by family, religious workers, lawyers or any other person who might want to see them in prison.
The Corrections Department will now only have guards at the Women’s Huron Valley Correctional Facility (WHV) search women they suspect to have “contraband.” The change is the result of a consortium coming together to challenge the depraved procedure.
Here is the list of groups and individuals that came together to make this victory possible:
American Civil Liberties Union; American Civil Liberties Union of Michigan; American Friends Service Committee – MI, Criminal Justice Program, American University, Washington College of Law, Project on Addressing Prison Rape; Center for Civil Justice; Chicago Legal Advocacy for Incarcerated Mothers; Citizens Alliance on Prisons and Public Spending; Crossroad Bible Institute; Destiny and Purpose Community Outreach; The Elephant Circle;
Grassroots Leadership; Hope 4 Healing Hearts, Inc.; Just Detention International; Justice Now; Law Students for Reproductive Justice; League of Women Voters of Michigan; Legal Services for Prisoners with Children; Metro-Detroit Chapter of the Coalition of Labor Union Women (CLUW); Michigan CURE; Michigan State University College of Law Civil Rights Clinic; Michigan Women’s Justice & Clemency Project; MindFreedom International; National Latina Institute for Reproductive Health; Nokomis Foundation; Our Bodies Ourselves; Rabbis for Human Rights – North America; State Bar of Michigan Prisons & Corrections Section;
United Methodist Church; General Board of Church and Society; Urban Justice Center; Women On the Rise Telling HerStory (WORTH);Devika Baldeo, Sister Inside Specialist, Women On the Rise Telling HerStory – WORTH; Erika Lorraine Davis, Butler Davis, PLLC; Hope Metcalf, Lecturer, Yale Law School; Tim Johnson, Department Chair, University of Michigan Department of Obstetrics and Gynecology; Daniel Manville, Associate Clinical Professor, Civil Rights Clinic, Michigan State University College of Law; and Sheryl Kubiak, Michigan State University School of Social Work.
For full coverage of all the details on how the facility was routinely violating women, here’s the story published at The Dissenter earlier – “The Sexual Sadism of the Michigan Department of Corrections.”
Senior staff attorney with the ACLU, Mie Lewis, reacted to the victory, “There was no reason to make this incredibly invasive procedure part of the routine strip search.” And added, “The new policy eliminates the worst aspects of the body search, helping to preserve these women’s dignity while maintaining a safe prison environment.”
It should be made extremely clear. What was happening to these women was a human rights violation that the US government opposes when it is done to Afghan women. Yet, under the guise of public safety, the Michigan Department of Corrections was routinely committing human rights violations at the Huron Valley Correctional Facility. Someone should be held accountable and be fired or, perhaps, even face prosecution; but there is a culture of impunity for government officials that develop and enforce policies which result in the cruel or inhumane punishment of human beings. Justice for female prisoners who were traumatized is unlikely.
As I wrote in my earlier coverage, weeks ago, the Supreme Court handed down a decision in the case of Florence v. Board of Chosen Freeholders of the County of Burlington that corrections officials could strip-search individuals being admitted to jail, even those that had committed only minor offenses. It is exactly this kind of sexual sadism that the decision makes permissible in correctional facilities, and the fear that correction officers would violate prisoners in this manner is why there was outrage at the decision that the Obama Justice Department supported.
Michigan ACLU staffer Sarah Mehta told Detroit Free Press “she interprets the decision as applying to only new prisoners, not to those already in prison.” All the same, the decision was a step toward normalization of a practice that should be rarely used and not employed as often as prisons in America tend to use them.
Female prisoners may no longer be subjected to routine vaginal searches, but the key question should be if this will become rare or not. That correctional officials have to have “suspicion” just means the guard has to cite a reason now for searching a prisoner. It could still happen often, but one hopes that the work the ACLU and other groups in Michigan did will bring about serious change for female prisoners, women who are already being punished for whatever they did and do not deserve to be dehumanized and violated.
Update
As I find the conversation on the Florence decision that Tom Goldstein of SCOTUSblog had on “The Daily Show with Jon Stewart” incredibly relevant to the issue presented by this correctional facility doing routine vaginal searches on women, I’m posting this video clip here:



14 Comments

Great work by all! Congratulations!
Yes, a small step forward.
However, the distinction between “old”, those “already in prison” and “new” prisoners, shows it to be ONLY a very tiny step … as those already subjected to this “system” have found NO relief.
As you say, Kevin, the decision of SCOTUS suggests that “authority” still does not intend to relinquish its power to humiliate and actively seek to chill and stifle dissent … for the aim of such “practices” is not intended to be lost on anyone who does not have power or great, “white collar”, wealth.
Thank you for reporting the reality and providing the (meager) update which ought to be celebrated rather soberly methinks, Kevin.
DW
Thanks Kevin,
Still, the identity of the person or persons (if a committee) who instituted this policy should be published so that others in positions of power may be on notice. A cursory googling did not turn anything up but there must be a way. Sunlight, the best disinfectant extant.
Someone should be held accountable. They should have to publicly apologize at the very least to the women in prison and their families.
It is a “correctional facility” after all. There is no way women can be “corrected” or rehabilitated if they have to endure this regularly.
I’d like to see someone fired. Whether it would actually happen or not is irrelevant to the fact that someone should be held responsible.
This is a wonderful victory. Thank you to all who helped to make it happen. But, I want to see that entire strip search Supreme Court ruling catch as much flak and be immediately rescinded. Not years from now, after untold damage has been done, but right the hell now or as soon as is humanely possible it should be knocked down. I think a starting point would be to name/expose as many of the actual, specific people who are responsible for it as we can dig up. And, for sure, that includes Obama first and foremost.
think if my experience is anything to go by there is a huge chance men are doing this to women. I think the US is the only western country that has male guards directly involved in women prisons.
Back in the 90′s I was working on a project on the abuse of women in prison by male guards. Rape, sex for smokes, and degrading strip searches were not the rare thing. There was a really informative book/study written about it – can not remember the name. Most of the women that were being abused would not speak up about it as they were scared of the guards retaliating. Worse the guards might take privileges away from all prisoners sharing that cell block with the woman. This resulted not only in the guards retaliating but other female prisoners attacking the raped woman.
The other reason women did not come forward was that even if the case went all the way to the top, the prison warden would just dismiss it. One warden I can’t remember which state said something like “the incidents were few and to make a big deal would undermine the security and safety of the prison system…or something like that
Added to that the study found that guards after a period of time working in jails also became institutionalized and not only did they see nothing wrong about degrading strip searches it was often part of stories they shared and laughed about with other guards during breaks.
All of what you have written here is important Kevin, and brings up what role do we play. When we tried to get media attention about this, apart from a few, most said they had no interest because the public did not care what happened to people in prison.
Which brings up another point if one is sitting on a jury would you still convict and send someone to prison knowing that this is their fate. Maybe it is time we all got together and refuse to sit on any jury that is trying a criminal case where the accused if convicted will be forced into such inhumane and powerless environment.
Otherwise we are just part of the problem. Hitler would be proud. Now thanks to O and the SCOTUS they can strip you and make you bend over, even if you have not been convicted but arrested. I think flanders was arrested for not paying a $250 fine. Turned out he had but for $250 this is what they can do.
Hi kevin read me post above it may answer your question somewhat. i say it will continue it is going on in prisons all over teh country and it will not stop
Female prisoners may no longer be subjected to routine vaginal searches, but the key question should be if this will become rare or not. That correctional officials have to have “suspicion” just means the guard has to cite a reason now for searching a prisoner. It could still happen often, but one hopes that the work the ACLU and other groups in Michigan did will bring about serious change for female prisoners, women who are already being punished for whatever they did and do not deserve to be dehumanized and violated.
I agree with your every word.
I was very upset when I read Kevin’s original article on this despicable practice. I was relieved to read that the ACLU, along with the other organizations and individuals involved, were able to achieve this very small step.
A few weeks ago I joined the ACLU, sent them a check, and I intend to send them a check every month. We need them now more than ever. No more contributions to any political party – ever.
Kevin, thank you for all your work.
I like your thinking. Quit funding corrupt, authoritarian and/or feeble political parties. The ACLU does so much with whatever money they get just like Firedoglake does so much with whatever they get from members.
We the people should invest in groups, organizations or institutions that help us get closer to the society we want. Eventually, the politicians will fall in line. They’ll have no choice. They’ll be leaders without very many supporters. They’ll essentially be cult-like figures – all of them.
They’ll figure out how to be, especially when we break the chains of corporate servitude they are shackled by in the offices they hold.
I can not believe that we have reached a point where a practice so barbaric and inhumane that we can take any solace by such a small concession by those in power. This is awful and the only concession was to stop it period. Anything less is a disgrace and now thanks to O and SCOTUS they can do it to anyone who is just ARRESTED for anything.
Hitler would be proud
Florence. Yes, one could essentially read the Supreme Court decision as giving permission to correction officials to strip-search people that may not have even committed crimes or offenses.
Or, I like how Tom Goldstein of SCOTUSblog put it on “The Daily Show.” He argued the case before the Supreme Court and thought they had a good case because people don’t just “drive around hoping to get picked up so that they can smuggle something into the jail.”
In the video clip, Tom Goldstein, as a practicing lawyer before the Court, was careful to soft pedal his criticism of the institution, saying (I am paraphrasing) there was no right-wing conspiracy by the justices, and that the justices were merely expressing their conservative interpretation of the Constitution. I am certain his real feelings are far more negative.
That definitely was a “diplomatic” answer.
or maybe teach everyone the about Jury nullification.