California
Inmate’s wife sexually violated during strip search awarded $5.6 million in settlement: attorneys
A California woman who was sexually violated during a cavity search while trying to visit her incarcerated husband was awarded $5.6 million in a settlement with the department of corrections and the hospital that oversaw the search, her attorneys said Monday.
Christina Cardenas, 45, told the New York Times she was left “traumatized” during an attempted visit to her inmate husband on Sept. 6, 2019 that ended with her going through two strip searches, a cavity search where a male doctor allegedly violated her, X-ray and CT scans, and a drug and pregnancy test, according to the lawsuit she filed against the two parties.
She was then hit with a $5,000 bill from the hospital that did the tests. But Cardenas will recoup that money and then some.
The California Department of Corrections and Rehabilitation will fork over $3.6 million and the rest of the total $5.6 million settlement will be divided up between Adventist Health Tehachapi Valley Hospital, a doctor and two correction officers. All defendants denied any wrongdoing in the settlement, the Times reported.
But it wasn’t just the money. Cardenas said she sued the defendants so that the alleged misconduct and violations she was subjected to doesn’t happen to others seeking to visit their loved ones in prison.
“My motivation in pursuing this lawsuit was to ensure that others do not have to endure the same egregious offenses that I experienced,” Cardenas said.
The correction officers had a warrant to search any visitors of her husband, who has been in prison since 2001 when he was convicted of armed robbery, according to the Times.
But the warrant stipulated that the officers could only conduct a strip search of the visitor if an X-ray detected any foreign objects that could be contraband inside the visitor’s body. Cardenas underwent an X-ray and a CT scan and neither picked up any abnormalities, according to her lawyers.
Her lawyers also said a prison official tried to intimidate her during the intrusive ordeal.
“Why do you visit, Christina? You don’t have to visit. It’s a choice, and this is part of visiting,” the official reportedly taunted, according to chilling details Cardenas revealed in the suit.
Cardenas is being represented by Gloria Allred, the high-profile women’s rights attorney, whose past clients include Mimi Haley in her suit against Harvey Weinstein, Judy Huth in her suit alleging she was sexually abused by Bill Cosby, and the family of Halyna Hutchins.
“We believed the unknown officer’s statement was a form of intimidation used to dismiss Christina’s right to visit her lawful husband during the course of his incarceration,” Allred said.
Cardenas was also made to strip and squat over a mirror, which is a type of search usually reserved for inmates, Allred told the Times.
Allred was not immediately available for comment when contacted by The Post.
Cardenas further revealed that while being transported to and from the hospital, she was put in handcuffs in a “humiliating perp walk.” She also said she was denied water or bathroom use for the majority of the search.
And after the long-winded search and tests yielded no contraband in her body or belongings, Cardenas was not permitted to see her husband, Carlos Cardenas.
The traumatizing ordeal wasn’t the first time she had been subjected to a grueling search by prison officials.
Cardenas underwent a strip search to marry her husband — they began dating after he was behind bars — and said she had experienced difficulties during prior visits to him, but not to the magnitude of the September 2019 incident.
The settlement additionally requires that the California Department of Corrections and Rehabilitation distribute a policy memorandum to workers to ensure visitors’ rights are protected when they are subjected to strip searches.
As part of the requirement, prison officials must give a copy of the search warrant to visitors and ensure they read and understand it. The officials also cannot exceed the scope of what is allowed under the warrant.
Sexual abuse and misconduct have been a systemic problem in California prisons. On Sept. 4, the Justice Department announced it had opened an investigation into allegations that correctional officers sexually abused female inmates at two state-run California prisons.
The federal Bureau of Prisons also shut down a women’s prison in Northern California — the Federal Correctional Institution in Dublin — following similar allegations. The prison was dubbed the “rape club” after an Associated Press investigation exposed widespread sexual abuse by correctional officers.
With Post wires.
California
Protests Swept California Campuses Last Year. Schools Are Now Blocking Them | KQED
At UC Santa Cruz, police arrested one student who was using a megaphone during a demonstration on Oct. 7, according to an eyewitness who spoke to LookOut Santa Cruz. Santa Cruz County Sheriff’s Office public arrest reports show one person was arrested on the Santa Cruz campus for obstruction of a public officer and battery without injury that day.
While no arrests were made, Pomona College has suspended 12 students for the remainder of the 2024–25 academic year following an Oct. 7 demonstration in which they entered, damaged and vandalized a restricted building, according to the student newspaper. The college also banned dozens of students from the four other campuses of the Claremont Colleges, a consortium that includes Pomona.
Private colleges have implemented their own policy changes. Pomona College now requires students and faculty to swipe their ID cards to enter academic buildings. Since last semester, students and visitors entering USC are also required to show a school or photo ID.
Some students are still facing charges from last year’s protests
Few charges have been filed after UCLA’s encampment made headlines in April when counterprotesters led an attack on encampment protesters while law enforcement did not intervene for several hours. The following day, 254 people were arrested on charges related to the protest encampment. In October, two additional people were also arrested for participating in the counter-protester violence.
The Los Angeles County District Attorney’s office is pursuing three felony cases against individuals arrested at UCLA in relation to violence during last spring’s protests.
Meanwhile, the city attorney’s office is reviewing 93 misdemeanor cases from USC and 210 from UCLA, according to information it provided to CalMatters last month.
Lilyan Zwirzina, a junior at Cal Poly Humboldt, was among the students arrested in the early morning of April 30 following protesters occupying a campus building and ignoring orders to disperse from the university. Law enforcement took her to Humboldt County Correctional Facility, where she faced four misdemeanor charges, including resisting arrest. Zwirzina thought she’d have to cancel her study abroad semester, which conflicted with the court date she was given.
“I was pretty frustrated and kind of freaked out,” Zwirzina said. Authorities dropped the charges against her in July.
The Humboldt County District Attorney’s Office didn’t pursue charges against 27 of the 39 people arrested, citing insufficient evidence. The 12 remaining cases were referred to the Cal Poly Humboldt Police Department for investigation. Those cases remain under investigation, according to the university.
For 13 people, including students, arrested at Stanford University in June, the Santa Clara County District Attorney Jeff Rosen has not pressed charges as of Nov. 20, according to information his office provided CalMatters.
Elsewhere across the state, some district attorneys are pursuing misdemeanor and felony charges against student protesters. Orange County District Attorney Todd Spitzer is pursuing misdemeanor charges against 50 people, including two UCI professors, a teaching assistant, and 26 students, stemming from a protest at UC Irvine on Oct. 22, 2023. Charges include failure to disperse, resisting arrest and vandalism.
At Pomona College, 19 students were arrested on April 5 on charges of trespassing after some protesters entered and refused to leave an administrative building. Students arrested either had their cases dismissed or have accepted community service in lieu of further legal action. James Gutierrez, the attorney representing the arrested students, said he asked that the college drop charges against its students, citing their right to protest the use of paid tuition dollars.
“They are righteously demanding that their colleges, the ones they pay tuition to and housing fees and pour a lot of money into, that that university or college stop investing in companies that are directly supporting this genocide and indirectly supporting it,” he said.
Students fight back against campus protest policies
As administrators face the challenge of applying protest policies more uniformly and swiftly, the truer test of California public higher education institutions’ protest rules will be playing out in court.
In one already resolved case, UC leadership agreed in August to comply with a court order requiring the campus to end programs or events that exclude Jewish students. A federal judge ruled some Jewish students in support of Israel who were blocked from entering the encampment had their religious liberties violated — though some Jewish students did participate in UCLA’s protest encampment.
Now, students have filed at least two lawsuits against their campuses and the UC system for violating their rights while ending student encampments last spring. In September, ACLU NorCal filed suits against the UC and UC Santa Cruz for not providing students due process when they immediately barred arrested students from returning to campus.
“Those students should have gotten a hearing, an opportunity to defend themselves or to explain themselves, and the school would have shown evidence of why they created a risk of disturbance on campus,” Chessie Thacher, senior staff attorney at ACLU of Northern California, said.
UC Santa Cruz spokesperson Scott Hernandez-Jason said the university “appreciates the court’s careful deliberation” and that the university “is committed to upholding the right to free expression while also protecting the safety of its campus community.”
In October, ACLU SoCal filed lawsuits on behalf of two students and two faculty members against the UC and UCLA, alleging the actions the university took to break down the encampment violated their free speech rights.
UCLA spokesperson Ricardo Vazquez told CalMatters via email that the university would respond in court and that UCLA “fully supports community members expressing their First Amendment rights in ways that do not violate the law, our policies, jeopardize community safety, or disrupt the functioning of the university.”
“The encampment that arose on campus this spring became a focal point for violence, a disruption to campus, and was in violation of the law,” Vazquez said in the email statement. “These conditions necessitated its removal.”
California
Southern California hiring in November runs 47% below average
A record 8.11 million at work in Los Angeles, Orange, Riverside and San Bernardino counties in November.
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California
Over 650 California dairies under quarantine in effort to prevent bird flu spread
TULARE COUNTY, Calif. (KFSN) — California state agencies say most dairies in the state are under quarantine because of the bird flu.
Now, they are working alongside each other with local dairy farmers to help reduce exposure to H5N1 between infected cows and people.
Over 650 of the 984 dairies in the state are under quarantine because of a growing bird flu outbreak.
Although the California Department of Public Health says the risk remains low for the general public the virus kills 90% to 100% of infected poultry and about 1% to 2% of cows.
“So, while it does impact dairy herds, and it’s definitely devastating to the herd managers compared to how it acts in poultry it’s much less severe,” says Dr. Annette M. Jones, the state veterinarian and director of the animal health and food safety services with California Department of Food and Agriculture.
In Southern California more dairies have recently tested positive for the bird flu.
The health department and California Department of farm and Agriculture say they have also seen cases in cats.
“LA County has reported two domestic cats who have been confirmed to have consumed raw milk that was infected. We’re seeing a lot of neurological diseases and feline species with this particular virus,” mentions Dr. Erica Pan, the California State Epidemiologist and Deputy Director for the Center for Infectious Diseases at the California Department of Public Health
Doctors also confirm some wastewater in the state has tested positive for the virus.
“A lot of the pasteurized milk that can be PCR positive, you know, and again, we know pasteurized milk is safe, any virus fragments in there are not infectious, but they can still test positive in the wastewater,” explains Dr. Erica Pan.
“So, we think actually a lot of our wastewater detections are from residential or other commercial milk dumping or down in the sinks.”
So far, the state has handed out over four million pieces of PPE and says the state of emergency declaration allows them to expand their workforce and better monitor and respond to situations.
“We are really focusing on those who are at highest risk, which is people working with infected animals. Which is why we are focusing as well on education outreach and providing personal protective gear. The only other tip I would remind people to do is avoid touching wild sick animals, or dead animals,” says Dr. Pan.
For news updates, follow Kassandra Gutierrez on Facebook, Twitter and Instagram.
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