Bull

ORDER GRANTING MOTION TO DISMISS AND GRANTING IN PART AND DENYING IN PART MOTION TO ALTER OR AMEND JUDGMENT

There are two Motions presently before the Court. First, Plaintiffs move to alter or amend this Court’s Order granting them leave to amend but not including in that leave permission to add a new named Plaintiff (Brian Vowell) as a subclass rep resentative. See Sept. 8, 2010 Order (Dkt. 314) at 12-14; Sept. 20, 2010 Order (Dkt. 317) (granting Motion for Leave to File Motion for Reconsideration). Second, Defendants move to dismiss all state-law strip search claims against the City seeking damages based on alleged violations of Cal.Penal Code § 4030.

Plaintiffs’ Motion to Alter the Judgment is GRANTED in part and DENIED in part. In particular, Plaintiffs are permitted to add Vowell as a subclass representative for the group of arrestees searched absent classification (subclass 2) but not for the group making claims under section 4030 (subclass 3). Defendants’ Motion to Dismiss is GRANTED, and Plaintiffs’ damage claims against the City for violation of section 4030 are dismissed.

I. THE MOTION TO ALTER OR AMEND JUDGMENT

The gist of Plaintiffs’ Motion to Alter the Judgment is…