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Susan Chana Lask Admitted to Third Circuit Court of Appeals
Saturday, 03 October 2009 00:00   

SCL is admitted to the Third Circuit Court of Appeals as of August, 2009. Being admitted to the Third Circuit Court of Appeals allows Ms. Lask to appear, file and argue appeals to the highest Federal Court for any Federal appeals from Federal District Courts of New Jersey,Pennsylvania, Delaware and the Virgin Islands. This admission was necessary so Ms. Lask can continue her case of Florence v. Freeholders of Burlington County, et. al. filed in 2005 in the District Court of New Jersey against two New Jersey Prisons, The prisons have appealed the Federal District Court's decision granting summary judgment against the prisons for violating constitutional rights by conducting blanket strip searches of arrestees during processing.

Ms. Lask filed the Florence case as a class action against Essex and Burlington County Prisons alleging they unconstitutionally blanket strip searched all non-indictable arrestees. She won class certification March 20, 2008 on behalf of all those arrestees of non-indictable offenses who were strip searched during processing from 2003 to the present date. Non-indictable arrestees are persons arrested for non-serious, non-violent offenses such as failing to pay a traffic ticket,  late payments on child support or failing to pay a court fine, among other offenses not categorized as a crime. The point of Ms. Lask's case with Plaintiff Albert Florence is that those arrested for non-serious offenses should not be subject to a full strip search at the processing stage unless there is reasonable suspicion that person is carrying contraband or a weapon.

In February, 2009, Susan Chana Lask won summary judgment against the Defendant prisons. The Defendants have appealed as of September, 2009 to the Third Circuit Court of Appeals. The Third Circuit will hear the case.  Briefs are due October and November, 2009, and there may be oral argument  scheduled sometime thereafter.

 

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