Foster

Plaintiffs Darnell Foster, Rafael Duarte and Yancie Young have brought this action pursuant to 42 U.S.C. section 1983 against the City of Oakland (“Oakland”); Richard Word, individually and in his capacity as the Oakland Chief of Police; Oakland police officers J. Festag and William Bergeron, individually and in their official capacities as police officers; and Does 1-25, alleging that defendants violated plaintiffs’ constitutional rights through a policy and practice of performing strip searches and body-cavity searches in public. Plaintiffs seek both injunctive relief and damages. Foster v. City of Oakland, Case No. C 05-3110 MHP, has been related to four similar cases pending in the Northern District of California, and this order applies to each of them. Now before the court is plaintiffs’ motion for partial summary judgment. After considering the parties’ arguments and submissions and for the reasons set forth below, the court rules as follows.

BACKGROUND

1. The Parties

The following order pertains to all of the parties in Foster and the related cases. A description of the claims brought by the three plaintiffs in Foster is included below and is representative of…