Calhoun v. Detella

319 F.3d 936 (7th Cir. 2003)

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Nature of the Case

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Facts

Prison guards removed P from his cell and escorted him from the prison's segregation unit to an open telephone area of the day room to conduct a strip search. P pleaded for the guards to take him to a more private area, but the guards ordered him to strip directly in front of several female guards who had no official role in conducting the search. P protested that such a search would violate his rights and prison regulations. P alleges that the male and female officers laughed at him, made 'sexual ribald comments,' forced him to perform 'provocative acts,' and 'pointed their sticks towards his anal area' while he bent over and spread his buttocks to permit visual inspection for contraband. P contends both the warden and assistant warden saw the search but took no action. P contends that the search constituted 'sexual harassment,' and that after his 'traumatic experience' he sought psychological treatment, but did not receive the help he needed. P sued under 42 U.S.C. § 1983 seeking compensatory and punitive damages and injunctive and declaratory relief. The court dismissed the complaint under 28 U.S.C. § 1915A. The suit was precluded by 42 U.S.C. § 1997e(e) because he alleges only psychological, and not physical injury. The district court denied a motion to amend. P appealed, and the appellate court appointed counsel to represent him.