Fifth Circuit -- Oscar Jimenez, et al v. Texas Alcoholic Beverage Comm.

 No plain error in District Court's S1983 instruction that reasonable suspicion was required for strip-searches of prisoners suspected of minor offenses.

Even though instruction was in accord with precedent, no futility exception - objection was not preserved at trial.

No abuse of discretion in instruction holding that Hindering Apprehension was a minor offense as a matter of law.

Dissent - Objection preserved, decision not in accord with Scotus precedent holding that the criterion is the effective operation of the detention facility, not the specific crime of the prisoner. 

Dissent 2 - Not in accord with the Scotus precedent.

Dissent 3 - Search not required if detainee doesn't enter general population.

Oscar Jimenez, et al v. Texas Alcoholic Beverage Comm.