In a Bivens action arising out of an allegedly unlawful strip search of a prisoner, summary judgment for defendants is affirmed where: 1) plaintiff failed to exhaust his administrative remedies with respect to his First Amendment claim; and 2) the evidence plaintiff presented that a guard was motivated to search him for non-penological reasons was irrelevant to the reasonableness of the search.
Argued and Submitted May 6, 2009
Filed January 11, 2010
Opinion by Judge Fletcher
Dissent by Judge Ikuta