Case: 18-14212 Date Filed: 08/26/2019 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 18-14212 Non-Argument Calendar ________________________ D.C. Docket No. 1:18-cv-22122-JEM YASIR MEHMOOD, Plaintiff-Appellant, versus GUERRA, SDDD, Krome SPC, WARDEN, KROME SPC, Acosta, AFDD, ICE, MS. MAGAL, MR. CARLOS, PALMETTO HOSPITAL (HIALEAH), et al., Defendants-Appellees. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (August 26, 2019) Case: 18-14212 Date Filed: 08/26/2019 Page: 2 of 8 Before MARCUS, ROSENBAUM, and BRANCH, Circuit Judges. PER CURIAM: Yasir Mehmood, proceeding pro se, appeals the district court’s order sua sponte dismissing his civil-rights complaint under 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), against Palmetto General Hospital, the City of Hialeah, Miami-Dade County, the State of Florida, Immigration and Customs Enforcement (“ICE”), Department of Homeland Security (“DHS”), the United States, two ICE employees, and two nurses at Palmetto Hospital. Mehmood is a native and citizen of Pakistan who was detained by ICE pending the outcome of his removal proceedings following a criminal conviction. During his detention, he filed a pro se complaint alleging that he was subjected to humiliating strip and body-cavity searches in violation of his rights under the Fourth, Fifth, and Fourteenth Amendments. According to the complaint, in 2018 Mehmood was transferred three times from the Krome immigrant detention center to Palmetto Hospital for medical evaluation due to an ongoing hunger strike. Each time, hospital staff, with the assistance or acquiescence of officers employed by an ICE contractor, removed his pants and underwear, lifted his penis and genitals and touched the areas around them “in a sexual manner,” and then either touched his anus or inserted a finger into his 2 Case: 18-14212 Date Filed: 08/26/2019 Page: 3 of 8 rectum. The contract officers were directed by ICE officer Guerra “to follow the hospital policy” and assist the hospital staff, including using force if Mehmood resisted. A nurse told Mehmood that it was hospital policy to conduct this type of search for contraband of all “criminal detainees” from Krome because he could “bring drugs wrapped in plastic in your gay ass.” These invasive searches took place in the presence of other patients and hospital staff, and Mehmood endured laughter and demeaning comments by other patients, the nurses, and the contract officers. One time, four patients surrounded Mehmood and took videos with their cell phones while laughing and smiling. Another time, a nurse asked Mehmood if he was gay after inserting a finger into his rectum, causing him pain. When Mehmood said he was, the nurse responded, “I figured out.” Additionally, one of the nurses taunted him that “Muslims hate America” and told him “why not just sign the deportation and leave America.” Mehmood reported the incidents to officials at Krome, including Guerra, but they refused to intervene. He was later told by a Pakistani nurse at the hospital that, while ...
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