MacMain Leinhauser Wins Important Third Circuit Victory And Makes New Law
A precedential opinion was issued by the 3rd Circuit in the case of J.B. v. Fassnacht (Lancaster County) et al – 14-3905 (3rd Cir., Sept. 15, 2015) which both secured the reversal of a summary judgment denial on behalf of the firm’s client Lancaster County, and also made new and favorable law for juvenile detention facilities. In J.B., the Third Circuit was asked to decide wither the United States Supreme Court’s decision in Florence v. Burlington County, applied to juvenile detention facilities. The Supreme Court in Florence held that all incoming inmates being housed in the general population of a detention facility may permissibly be strip-searched to detect contraband and weapons. The Third Circuit in J.B. v. Fassnacht held that Florence did apply to juvenile detention facilities and authorized the strip search of all incoming juvenile offenders being placed into general population. This is the first such case to apply Florence to juvenile facilities as two other circuit courts of appeal have avoided the issue via the application of qualified immunity. Brian Leinhauser and Charles Starnes researched and authored the appellate brief, and David MacMain argued the case before the Third Circuit.