California
Wife of California inmate wins $5.6 million after ‘sexual violation’ during strip search
Christina Cardenas won a $5.6 million settlement five years after she underwent a strip search while visiting her incarcerated husband, which she said was a ‘sexual violation.’
After filing a civil lawsuit four years ago, the wife of a California inmate won a $5.6 million settlement concerning an unlawful strip search conducted by the correctional officers during a family visit, according to her attorney.
Christina Cardenas sued the California Correctional Institution (CCI), the California Department of Corrections & Rehabilitation (CDCR), and Adventist Health Tehachapi over the incident that occurred on Sept. 6, 2019, attorney Gloria Allred said in a statement obtained by USA TODAY.
“There is no recompense that can ever fully heal the pain caused by the sexual violation on Sept. 6th, 2019,” Cardenas said in a statement emailed Tuesday to USA TODAY.
USA TODAY contacted the CDCR and Adventist Health on Tuesday but did not receive a response.
What happened to Christina Cardenas on Sept. 6, 2019?
On the day of the strip search, Cardenas went to a CCI facility for a scheduled family visit with her husband, Carlos Eugene Cardenas, according to Allred. Cardenas traveled four hours to see her husband for their first scheduled visit in about one year as the previous one four weeks before the incident had been canceled without any notice, the attorney said.
When Cardenas arrived at the facility, she was escorted to the back right-hand side of the visiting office, Allred said. She was subsequently interrogated and asked if she “brought anything with her” and whether she “brought any drugs in,” according to the attorney who said her client truthfully denied both questions.
The “emotional damages” began when an officer confirmed to Cardenas that she would be strip-searched, which brought back feelings of when she was the “victim of an unwarranted, degrading and traumatizing search by the State of California on the day of her marriage to her husband,” according to Allred.
“The warrant did limit the scope of potential search in the absence of Christina’s consent, and Christina did not consent to an invasive search of her body,” the attorney said. “It was explicit in the warrant that a body cavity search could only be conducted after an X-ray confirmation of the presence of a foreign object likely to be contraband in the body cavity of Christina.”
Officers told Christina Cardenas to ‘wipe away your tears!’, attorney says
Allred said the officers attempted to intimidate her client by screaming at her, “Oh wipe away your tears! You know what you and your husband have been doing!” Cardenas responded, “Don’t tell me to wipe away my tears, I am innocent, and what you are saying to me is inappropriate,” according to the attorney.
Shortly after the back-and-forth, Cardenas was left in a small room with three officers. While in the room, she was “unlawfully examined by the officers, first by opening her mouth and sticking out her tongue, then by showing her ears and turning her head upside down to shake out her hair,” Allred said, adding that no contraband was found during this part of the search.
Cardenas was told next to remove her top, sports bra and bra, according to Allred. She was then instructed to remove her pants and undergarments, which at this point left her “breasts and genitalia completely exposed,” the attorney said. No contraband was found during this part of the search either.
Officers made Cardenas squat over a mirror placed on the ground and cough, and although she did this, they made her squat wider apart and physically spread her genitalia, according to Allred. Again, no contraband was found so the officers told her to get dressed and sit back down until further instruction, the attorney said.
Before being denied the restroom, an officer asked Cardenas, “Why do you visit, Christina? You don’t have to visit. It’s a choice, and this is part of visiting,” Allred said.
Christina Cardenas sexually assaulted by male doctor at Adventist Health
When officers took Cardenas to Adventist Health’s Emergency Department for possible “emergency surgery,” she was “perp walked” to the back of the hospital, told to complete an unwanted pregnancy test and forced to “urinate in a makeshift toilet consisting of a chair and exposed urinal pan,” according to Allred.
While handcuffed for hours, Cardenas had to answer personal medical history questions in front of officers, which violated her rights to privacy and HIPAA protections, her attorney said. She was also denied water and food, while the officers supervising her snacked and chatted, Allred added.
A handcuffed Cardenas underwent an illegal CT-Scan and X-ray at the hospital, which involved her crying as she lowered her pants in front of Adventist Health and CCI employees, according to Allred. After all these measures to ensure she did not have a foreign substance in her body, a male doctor then sexually assaulted her, the attorney said.
“Christina stated that she was not OK with a male probing her body and that a male probing of her body would be very retraumatizing to her,” Allred said. “Notwithstanding Christina’s objections and protests, the male doctor continued and an officer remained in the room during the unwanted and forceful penetration.”
“Christina was sobbing uncontrollably and in a clear and visibly distressed state as she was forced to sit on a table and spread her legs.”
‘This serves as a beacon to all family and loved ones of the incarcerated’
When Cardenas was driven back to the CCI facility for the scheduled visit, an officer told her the visit had been canceled, according to Allred. She was also forced to pay for the “state-sanctioned torture,” the attorney said.
“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 in her statement. “I pray that this landmark settlement serves as a resounding message to all correctional officers that harmful behavior will NOT be tolerated. It is crucial to treat visitors not as criminals, but with humanity and respect for their human rights.”
“I also hope that this serves as a beacon to all family and loved ones of the incarcerated, reminding them that they do not have to endure abuse simply because they are visiting a family member or friend… It is crucial not to criminalize or victimize those who are visiting and supporting true rehabilitation.”
California
Rain continues in parts of California reeling from flooding and high tides – WTOP News
CORTE MADERA, Calif. (AP) — Crews cleared mud from key California highways as forecasters warned Sunday that more thunderstorms were…
CORTE MADERA, Calif. (AP) — Crews cleared mud from key California highways as forecasters warned Sunday that more thunderstorms were on the way after downpours and high tides caused flooding, road closures and rescues of people trapped in cars.
Five northern counties remained under a flood watch, with up to three inches (7.6 cm) of rain possible through Monday night in areas that have been drenched off and on since around Christmas, said the National Weather Service office in Eureka. At least a foot (.3 meters) of snow was likely in the mountains.
To the south near the San Francisco Bay Area, waters were slowly receding after roadways from Sausalito to San Rafael were flooded during heavy rain that coincided with record-breaking “ King Tides.” Such tides occur when the moon is in its closest position to the Earth, creating a stronger gravitational pull.
Some people kayaked along swamped streets, while others waded through water above their knees. Authorities were called to assist when cars got stuck in water as high as 3 and 4 feet (1.1 and 1.2 meters), Marin County Sheriff’s Sgt. Michael Dobbins said Saturday.
“I’ve been around here for the King Tides and I’ve never seen it this high. Never,” Jeremy Hager of San Rafael told KTVU-TV.
Flooding was reported across Marin, Sonoma, Alameda, San Mateo and San Francisco counties.
While the tides were waning, lingering thunderstorms on Sunday could cause additional problems throughout low-lying areas, forecasters said. “For anyone driving, slow down and allow extra time to reach your destination,” the Bay Area office of the weather service warned on social media.
Farther south in Santa Barbara County, a key highway was reopened Sunday after it was blocked for most of the weekend near Goleta due to a series of mudslides. A man died after he was swept into a creek during the storm, the sheriff’s office said Saturday.
Parts of Santa Barbara County received more than four inches (10 cm) of rain over two days, the weather service said Sunday.
After a mostly dry autumn, California has been hit by a series of powerful winter storms that brought the wettest holiday season to the state in years.
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California
California’s gubernatorial race heats up as Newsom’s term nears end, with many contenders
FRESNO, Calif. (FOX26) — In just over a year, Gavin Newsom’s term as California’s governor will come to an end, capping off nearly eight years in office.
Now the question is – who will take over once he steps down?
We spoke to political scientist Nathan Monroe about what could be one of Californias most unpredictable gubernatorial races yet.
With Governor Gavin Newsom’s term ending, the race to replace him begins.
This race will determine who leads the worlds fifth largest economy at a time when California is facing issues such as housing and affordability.
Californias next gubernatorial election is shaping up to be crowded – and for the first time in years – there’s no incumbent on the ballot.
“You say, well, just which democrat is going to win, right? Like, sort of republicans don’t have a shot. But what we have to keep in mind, right, is that the rules of elections matter. And in California, we have the top two primary system,” said Nathan Monroe, a Political Science Professor at UC Merced.
More than a dozen candidates are vying for the spot.
On the democratic side, contenders include former U.S. Secretary of Health and Human Services Xavier barrera, former U.S. Representative Katie Porter, Representative Eric Swalwell, former Los Angeles Mayor Antonio Villaraigosa, and former State Controller Betty Yee.
Political experts say the size of the field could make turnout and name recognition decisive and could lead to unexpected results in the primary.
“But if you divide that pie up by just two, and you divide the democratic pie up, which is admittedly a larger pie, by 7 or 8, the concern you get here is that democrats are going to lose out on even running to the general election. So even though there might be more democratic votes to be found in California for governor, they might not have a shot to cast those ballots for a democrat on the general election ballot,” said Monroe.
Monroe says party leaders may need to step in soon.
“I think the concern has to be among voters and I’m sure among the party leaders, so to speak, right, the party leaders sort of amorphously, is that they’ve got to figure out a way to delicately, you know, assure some candidates out of the race and figure out which candidates those should be and figure out how to manage those personalities and try to coordinate all the things that go in and around a gubernatorial election,” said Monroe.
On the Republican side, former Riverside County Sheriff Chad Bianco and Fox News contributor Steve Hilton.
With just a few months from the midterm elections, Monroe says both parties need to organize.
“What’s happening behind the scenes for the parties to try to coordinate themselves to make sure that the field that they offer to voters in June is a field that gives them the best chance for their best candidate to go forward to the general election,” said Monroe.
The primary election is set for June, with the general election in December.
California
Heavy rain, high tides cause flooding along stretch of Northern California
CORTE MADERA, Calif. (AP) — Heavy rain and high tides believed to be the most severe in two decades caused flooding in parts of Northern California on Saturday, prompting road closures and rescues of residents trapped in their cars.
Roadways through a 15-mile (24-kilometer) stretch from the Sausalito area to San Rafael were flooded after a downpour coincided with record-breaking “ King Tides,” Marin County Sheriff’s Sgt. Michael Dobbins said.
No injuries were reported but authorities were called to assist when cars got stuck in floodwater as high as three and four feet (1.1 and 1.2 meters), he said.
“There is a lot of water in the roadways,” Dobbins said, adding the tides were reportedly the highest in more than two decades. “Along with heavy rains, it just created the perfect storm for flooding on the streets.”
Authorities in the communities near San Francisco asked residents to stay home wherever possible until waters recede. Some residents kayaked along what normally would be city streets. Others waded out in water that passed their knees.
A flood warning was in place for the San Francisco area until 2 p.m. Saturday and an advisory until 2 p.m. Sunday, according to the National Weather Service in San Francisco.
King Tides occur when the sun, moon and Earth are in alignment and the moon is in its closest position to the Earth, creating a stronger gravitational pull.
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