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FLORENCE v. BOARD OF CHOSEN FREEHOLDERS OF COUNTY OF BURLINGTON

No. 10-945.

132 S.Ct. 1510 (2012)

182 L.Ed.2d 566

Albert W. FLORENCE, Petitioner, v. BOARD OF CHOSEN FREEHOLDERS OF the COUNTY OF BURLINGTON et al.

Supreme Court of United States.

Decided April 2, 2012.

Attorney(s) appearing for the Case

Thomas C. Goldstein, for Petitioner.

Carter G. Phillips, Washington, DC, for Respondents.

Nicole A. Saharsky, for the United States, as amicus curiae, by special leave of the Court, supporting the Respondents.

Jeffrey L. Fisher, Pamela S. Karlan, Stanford Law School, Supreme Court, Litigation Clinic, Stanford, CA, Susan Chana Lask, Counsel of Record, New York, NY, Thomas C. Goldstein, Amy Howe, Kevin K. Russell, Tejinder Singh, Goldstein & Russell, P.C., Washington, DC, for Petitioner.

J. Brooks DiDonato, Parker McCay, Mount Laurel, NJ, Alfred W. Putnam, Jr., Counsel of Record, D. Alicia Hickok, Tara S. Sarosiek, Drinker Biddle & Reath LLP, Philadelphia, PA, for Respondents.

Alan Ruddy, Assistant Essex County Counsel, Office of the County Counsel, Newark, NH, Carter G. Phillips, Counsel of Record, Eamon P. Joyce, Ryan C. Morris, Joshua J. Fougere, Sidley Austin LLP, Washington, DC, Robyn H. Frumkin, Sidley Austin LLP, New York, NY, for Respondents Essex County Correctional Facility and Essex County Sheriffs Department.

Justice KENNEDY delivered the opinion of the Court, except as to Part IV.1

Correctional officials have a legitimate interest, indeed a responsibility, to ensure that jails are not made less secure by reason of what new detainees may carry in on their bodies. Facility personnel, other inmates, and the new detainee himself or herself may be in danger if these threats are introduced into the jail population. This case presents the question...

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