Legal Victory for Christina Cardenas
In a groundbreaking legal victory, Christina Cardenas, the wife of a California inmate, has been awarded $5.6 million in a settlement after being sexually violated during a strip search while attempting to visit her husband in prison. The announcement of the settlement was made by her attorneys on Monday.
The incident
On September 6, 2019, Christina Cardenas traveled four hours to the correctional facility in Tehachapi, California, to visit her husband. Upon arrival, she was subjected to a strip search by prison officials, followed by drug and pregnancy tests, X-rays, and CT scans at a hospital. The ordeal culminated in yet another strip search by a male doctor, which, according to a lawsuit, included acts of sexual violation.
“My motivation in pursuing this lawsuit was to ensure that others do not have to endure the same egregious offenses that I experienced,” Cardenas stated.
Details of the settlement
The California Department of Corrections and Rehabilitation (CDCR) will pay $3.6 million of the settlement, while the remaining amount will be covered by other defendants, including two correctional officers, a doctor, and the Adventist Health Tehachapi Valley hospital.
Legal and ethical violations
According to Cardenas’ attorneys, prison officials conducted their searches based on a warrant stipulating that a strip search could only be performed if an X-ray revealed any foreign objects potentially being contraband. However, neither the X-ray nor the CT scan showed any evidence of such objects.
Cardenas was also subjected to a “humiliating perp walk” in handcuffs to and from the hospital, denied basic necessities like water and bathroom use for most of the search process, and was later billed more than $5,000 for the hospital services. Despite no contraband being found, she was denied her visit with her husband.
One prison official reportedly asked her, “Why do you visit, Christina? You don’t have to visit. It’s a choice, and this is part of visiting.”
“We believe 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,” said Gloria Allred, Cardenas’ attorney.
Policy changes and broader implications
As part of the settlement, the CDCR is required to distribute a policy memorandum to its employees to better protect the rights of visitors undergoing strip searches. This includes ensuring that the search warrant is understood and communicated clearly to the visitor and that the scope of the warrant is not exceeded.
Cardenas’ case is not isolated, and her legal team hopes this settlement will pave the way for better protection of the rights of spouses and families visiting incarcerated loved ones. California’s prison system has been plagued by ongoing issues of sexual abuse and misconduct.
Broader context
The U.S. Justice Department has launched an investigation into allegations of systematic sexual abuse by correctional officers at two state-run California prisons. The investigation will focus on the California Institution for Women in Chino, San Bernardino County, and the Central California Women’s Facility in Chowchilla.
A lawsuit filed on behalf of 21 women incarcerated at the California Institution for Women includes allegations of forcible rape, oral copulation, groping, and threats spanning from 2014 to 2020.
Earlier this year, the federal Bureau of Prisons announced it would close 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.
The $5.6 million settlement for Christina Cardenas is a significant milestone in the fight against sexual abuse and misconduct within California’s prison system. It underscores the urgent need for systemic reforms to protect the rights and dignity of all visitors and inmates.