The California Department of Corrections and other defendants have agreed to pay a total of $5.6 million to Christina Cardenas, the wife of an inmate after she was sexually abused during a strip search while visiting her husband.
Attorney Gloria Allred of Allred, Maroko & Goldberg and co-counsel represented Mrs. Cardenas. By pursuing this lawsuit, Cardenas says she sought justice for herself and aims to protect the rights of other visitors who face similar violations.
Victim Endures “Humiliating” Treatment
On Sept. 6, 2019, Mrs. Cardenas traveled four hours to visit her husband at the Tehachapi correctional facility for a scheduled family visit. Upon arrival, prison officials subjected her to a series of degrading procedures. These included drug and pregnancy tests, X-rays, CT scans, and two separate strip searches.
Despite a warrant stating that officials could only conduct strip searches if an X-ray revealed foreign objects, the searches proceeded without any such evidence, and a male doctor sexually violated Mrs. Cardenas during one of the strip searches. Mrs. Cardenas did not consent to an invasive body cavity search.
Mrs. Cardenas alleged that the officers attempted to intimidate her by screaming at her, “Oh wipe away your tears! You know what you and your husband have been doing!”
Mrs. Cardenas was allegedly told next to remove her top, sports bra and bra as well as her pants and undergarments, which at this point left her breasts and genitalia completely exposed. No contraband was found during this part of the search either.
Officers allegedly made Mrs. Cardenas squat over a mirror placed on the ground and cough, and although she did this, they allegedly made her squat wider apart and physically spread her genitalia. Again, no contraband was found so the officers allegedly told Mrs. Cardenas to get dressed and sit back down until further instruction.
When officers took Mrs. Cardenas to Adventist Health’s Emergency Department for possible “emergency surgery,” she was allegedly placed in handcuffs, denied water and bathroom access, and faced a humiliating “perp walk.” She was allegedly told to complete an unwanted pregnancy test and forced to “urinate in a makeshift toilet consisting of a chair and exposed urinal pan.”
While handcuffed for hours, Mrs. Cardenas allegedly had to answer personal medical history questions in front of officers, which violated her rights to privacy and HIPAA protections. Mrs. Cardenas was alleged she had been denied water and food, while the officers supervising her snacked and chatted. Mrs. Cardenas alleged that she 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. After all these measures to ensure she did not have a foreign substance in her body, a male doctor then allegedly sexually assaulted her.
Mrs. Cardenas also received invoices totaling more than $5,000 for the hospital services, and despite finding no contraband, prison officials denied her visit.
During the ordeal, a prison official told Mrs. Cardenas that receiving the debasing procedures was her choice and she could easily avoid them by not visiting her husband. Attorney Allred said the officer’s comments were nothing more than intimidation aimed at denying Cardenas her legal right to see her husband.
The Settlement Holds Multiple Defendants Responsible
Several parties will pay the $5.6 million settlement. The California Department of Corrections and Rehabilitation (CDCR) will contribute $3.6 million, while two correctional officers, a doctor, and Adventist Health Tehachapi Valley hospital will cover the remaining amount.
This comprehensive settlement underscores the multiple failures and misconduct by various entities involved in the incident.
This Is Not An Isolated Case
Mrs. Cardenas’ experience highlights broader issues within California’s correctional system. The U.S. Justice Department is investigating allegations of systematic sexual abuse by correctional officers at two state-run prisons in California.
Earlier this year, the federal Bureau of Prisons closed a women’s prison in Northern California, known as the “rape club,” following an Associated Press investigation that exposed rampant sexual abuse by correctional officers. These ongoing investigations and closures indicate that Mrs. Cardenas’ case is part of a larger, troubling pattern of misconduct and abuse in the California prison system.
The settlement mandates that the CDCR distribute a policy memorandum to better protect visitors’ rights during strip searches. This includes ensuring visitors receive and understand the search warrant, and that the scope of the warrant is not exceeded. Mrs. Cardenas’ courage in bringing this case to light may help foster a safer environment for those visiting loved ones in prison.
