Clements v. Logan, 454 U.S. 1304 (1981)

Clements v. Logan

No. A-480

Decided December 9, 1981
454 U.S. 1304

ON REAPPLICATION FOR STAY

Syllabus

The Court of Appeals’ mandate -- holding unconstitutional a policy of conducting routine strip-searches of all persons held at the Arlington County, Va., Detention Center, and remanding the case to the District Court for further proceedings -- is stayed temporarily, pending consideration of the reapplication for a stay by the full Court. While the burden on an applicant for a stay to demonstrate the need for exercise of a Circuit Justice’s equitable power is heavier if (as here) the request for a stay has previously been denied by another Member of this Court, the issues involved in this case warrant the full Court’s consideration. There is substantial likelihood that the full Court will grant a stay pending disposition of a petition for certiorari, in view of the Court of Appeals’ attempt to distinguish Bell v. Wolfish, 441 U.S. 520, which held that a requirement that pretrial detainees at a federally operated detention facility submit to a strip-search was not unreasonable under the Fourth Amendment, and which would appear to control the result in this case.