cavity searches Plaintiffs-Appellees, v. JESSE NIXON, JR., in his official capacity as Director of the Capital District Psychiatric Center and individually, CAPITAL DISTRICT PSYCHIATRIC CENTER, a public entity,, (2nd Cir. 2003)

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UN ITED STATES COURT OF APPEALS FO R TH E SECO N D CIRCU IT SUMMARY ORD ER TH IS SUMMARY ORDER WILL N OT BE PUBLISH ED IN TH E FED ERAL REPO RTER AN D MAY N OT BE CITED AS PRECED ENTIAL AUTH ORITY TO TH IS OR AN Y OTHER COURT, BU T MAY BE CALLED TO THE ATTENTION OF TH IS OR AN Y O TH ER COURT IN A SUBSEQ UEN T STAGE OF TH IS CASE, IN A RELATED CASE, OR IN AN Y CASE FOR PURPOSES OF COLLATERAL ESTOPPEL OR RES JUD ICATA.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the U nited States Courthouse, Foley Square, in the City of N ew York, on the 10th day of N ovember, Two thousand three.

PRESEN T:

RALPH K. WIN T ER JO SÉ A. CABRAN ES RO BERT D. SACK Circuit Judges WILLIAM AIKEN and DISABILITY ADVO CA TES, IN C . on behalf of all present and future patients of the Capital District Psychiatric Center who are subject to unlawful strip searches and body cavity searches Plaintiffs-Appellees, -v.- N o. 02-9288

JESSE N IXO N , JR., in his official capacity as Director of the Capital District Psychiatric Center and individually, CAPITAL DISTRICT PSYCH IA T RIC CEN TER , a public entity, GAIL BELLINGER-ALLEMAN , TH O MAS DESEVE, JAY EDMOND H ARPER, RICHARD MO N T E, JO DIBLASIO , and JEFF GLEBBA, in their official capacities and individually and KATH LEEN KAVANAUGH , individually, Defendants-Appellants, AN DREA O SER, Assistant Attorney General APPEARIN G FOR APPELLAN TS:

(Daniel Smirlock, Deputy Solicitor General, of counsel, Eliot Spitzer, Attorney General of the State of N ew York on the brief), Office of the Attorney General of the State of N ew York, Albany, N Y CLIFF ZUCKER, Disability Advocates, Inc., APPEARIN G FOR APPELLEES:

Albany, N Y Appeal from an O rder of the United States District Court for the Northern District of N ew York (Thomas J. McAvoy, Judge).

UPON D UE CON SIDERATION , IT IS H EREBY ORDERED , AD JUD GED , AN D D ECREED that the judgment of the District Court is hereby AFFIRMED .

Defendants appeal from an O pinion and O rder of the United States District Court for the N orthern D istrict of N ew York (Thomas J. McAvoy, Judge) denying defendants' motion to dismiss plaintiffs' claims for injunctive relief as barred by the Eleventh Amendment.

Substantially for the reasons stated in the District Court's opinion, we agree with the District Court that, under the doctrine of Ex parte Y oung, 209 U.S. 123 (1908), plaintiffs'

claims are not barred by the Eleventh Amendment, because the complaint alleges an ongoing violation of federal law and seeks prospective relief.

We have considered all of defendants' claims on appeal and we hereby AFFIRM the judgment of the District Court.

FOR TH E CO URT, Roseann B. MacKechnie, Clerk of Court By Oliva M. George, Deputy Clerk

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