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.
Adventist Health emailed a statement to USA TODAY on Tuesday saying, “Adventist Health places patient safety and care as our top priority.”
“While we disagree with the details characterized by Ms. Cardenas’ attorney, we have elected to resolve this incident to the satisfaction of all parties,” the statement continued.
In a copy of the settlement agreement sent to USA TODAY by the CDCR, it says “Defendants, including CDCR, deny all of the allegations of wrongdoing made by plaintiff in this lawsuit.”
“The Parties, however, now desire and intend by this agreement to settle all disputes between them relating to the claims alleged in the Complaint,” the document says.
Christina Cardenas and her husband Carlos Eugene Cardenas.
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.
Christina Cardenas and her husband Carlos Eugene Cardenas.
“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.”
This article originally appeared on USA TODAY: Christina Cardenas wins $5.6 million in settlement over strip search
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Publish date : 2024-09-10 07:56:00
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