Jimenez v. Wood County, Tex., 621 F.3d 372

Jimenez operated a Wood County bar; 2005 New Year’s Eve raid by TABC aided by Wood County Sheriff’s deputies led to the arrest of Oscar Jimenez and hindering apprehension charge against Chandra Jimenez.
Ms. Jimenez was strip-searched at the Wood County Jail under a policy requiring strip searches for felonies and certain misdemeanors.
The jury was instructed that reasonable suspicion was required for strip searches of a minor-offense arrestee.
The jury found in favor of Ms. Jimenez; the district court awarded damages, fees, and costs against the County.
The panel affirmed, then the en banc court vacated and reinstated parts of the panel’s opinion; the court ultimately affirmed the district court’s judgment.
Dissenters argued the panel erred in applying Wolfish-based precedent and preservation rules to the minor-offense strip-search rule.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the jury instruction required reasonable suspicion for a minor-offense strip search was error.	Jimenez relies on longstanding Fifth Circuit precedent that a minor-offense arrestee requires reasonable suspicion.	Wood County urges overruling or narrowing precedent to align with Wolfish-based doctrine.	Not plain error; instruction was proper under controlling precedent.
Whether Wood County properly preserved the challenge to the jury instruction under Rule 51.	Plaintiff contends objection was preserved because district court was aware of the issue.	County failed to timely object to the specific ground in the charge.	The challenge was forfeited; plain-error review applied.
Whether Wolfish controls the proper balancing for strip searches and overcomes Stewart’s minor-offense rule.	Wolfish supports broader deference to corrections policies and rejects strict minor-offense distinctions.	Stewart’s minor-offense rule aligns with prior Fifth Circuit practice and public safety concerns.	The panel majority did not overrule Wolfish; the issue remained unresolved on the merits.

Bell v. Wolfish, 441 U.S. 520 (U.S. 1979) (balancing test for reasonableness of searches in detention facilities)
Stewart v. Lubbock County, 767 F.2d 153 (5th Cir. 1985) (minor-offense strip search rule requiring reasonable suspicion)
Wolfish v. McClosed, 441 U.S. 520 (U.S. 1979) (balancing factors for strip searches in detention settings (variant citation kept consistent for pattern))
Mary Beth G. v. City of Chicago, 723 F.2d 1263 (7th Cir. 1983) (strips searches of minor offenders—unreasonable without suspicion)
Powell v. Barrett, 541 F.3d 1298 (11th Cir. 2008) (en banc upholds blanket arrestee strip searches under Wolfish framework)