Illegal search of wife violated her civil rights

By Jorge Camacho / El Popular

California Correctional Institution (CCI) is a supermax state prison in the city of Tehachapi in eastern Kern County. Carlos Eugene Cardenas was being housed at CCI  and was anxiously waiting for a family visit from his wife Christine, the first in over a year.

Cardenas was never able to realize this family visit with his wife that day.

The course of events that day triggered a law suit that was recently settled for $5.6 million dollars by the law offices of Allred, Maroko & Goldberg in Los Angeles.

On Monday September 9, 2024 during a virtual press conference held by famed attorney Gloria Allred, an out of court settlement was announced after 5 years of litigation.

The complaint filed in Kern County Superior Court in 2019 alleged that Ms. Cardenas civil rights were violated.

On September 6, 2019 Christina Cardenas arrived at the CCI facility at approximately 8:30 a.m. after an approximately four-hour drive to appear for a scheduled family visit with her husband Carlos Eugene Cardenas. The scheduled family visit was to be the first in approximately one year, as the previously scheduled visit for four weeks prior to the incident giving rise to this action had been cancelled without any notice.

On September 6, 2019, Christina presented herself to the visiting office of CCI. An

officer escorted her to the back right hand side of the visiting office, sat her down,

and placed her belongings on the adjacent table.

Christina was then interrogated regarding whether she had “brought

anything with her” and whether she “brought any drugs in.” Christina truthfully

denied it. Subsequent information revealed that CDC staff had alleged to have been tipped by a prison informant as to Cardenas having drugs on her person to deliver to her husband. This allegation was false according to attorney Gloria Allred during a Zoom press conference.

An officer then informed Christina that a search warrant had been issued

and that an officer would be coming to the office to discuss. She asked whether she would be strip searched and an officer confirmed that yes, she would be.

Ms. Cardenas was then presented with a legally invalid search warrant issued at

approximately 8:38 a.m. on September 6, 2019. Attorney Allred alleged that no Statement of Probable Cause was served on her in conjunction with the search warrant, which

violated her constitutional rights.

“While the validity and manner in which the search warrant was executed was

in question, the warrant did limit the scope of potential search in the absence of

Christina’s consent, and Christina did not consent to an invasive search of her

body. It was explicit in the warrant that a body cavity search could only be

conducted after an X-Ray confirmation of the presence of a foreign object likely to

be contraband in the body cavity of Christina”.

Another officer then arrived shortly thereafter and pulled her out of the detainment room, and placed her in handcuffs. Christina was then transported to Adventist Health’s Emergency Department with three CCI officers and arrived at approximately 9:45 a.m.

Cardenas was subjected to the equivalent of a “perp walk,” as she was driven to

the back of the hospital, removed from the back of the law enforcement vehicle,

and walked while handcuffed to the Adventist Health entrance with numerous

individuals in observation. This conduct, perpetrated by three CCI officers was a

form of harassment and intimidation which subjected Christina to, without

limitation, emotional distress, pain, suffering, inconvenience, mental anguish,

embarrassment, humiliation, and damage to her reputation”.

Attorney Carlos Hernandez emphasized the importance of having guardrails in place to protect the public, especially those who visit loved ones in prison to unlawful and unwarranted searches. “The privacy of everyone to be protected, the defendants did not follow the law in conducting the unlawful search of Christina Cardenas.”

Christina Cardenas offered guidance to others who have family members that are incarcerated. “There are many Spanish speakers who visit family members in prison. Sometimes they do not fully understand the rules and do not have the support system in place when they visit a loved one in prison. Sometimes they wear the wrong color clothing or do not have the information provided to them in Spanish. It is imperative that you do not accept abuse just simply because they are wearing uniforms, that we demand to be treated humanely and with respect,” stated Cardenas.

“This is a very vulnerable population, the spouses and family of incarcerated people in our prisons, many times they are voiceless. For all the hundreds of spouses who make the sacrifice of visiting their spouses in prison, this verdict will hopefully change the way they are treated when they visit their spouses.” Concluded lead attorney Gloria Allred.

Of the $5.6 million dollar settlement the California Department of Corrections and Rehabilitation will pay $3.6 million dollars and the rest will be paid by the other defendants, including one doctor,  Adventist Health Tehachapi Valley Hospital, and two correctional officers.