Foster

Foster v. City of Oakland

Good Law

675 F. Supp. 2d 992·2009 WL 4891811·2009 U.S. Dist. LEXIS 117240

United States District Court, Northern District of CaliforniaDecember 14, 2009C 05-3110 MHP, C 04-4843 MHP, C 05-3204 MHP, C 06-2426 MHP, C 07-1773 MHP, C 07-4179 MHP, C 07-6298 MHP, C08-3114 MHP, C08-4255 MHPCalifornia6,699 words

Opinion

Patel, J.

MEMORANDUM & ORDER

Re: Plaintiff Young’s Motion for Partial Summary Judgment

Plaintiffs Darnell Foster, Rafael Duarte and Yancie Young brought this against municipal and individual defendants, including Oakland police officer William Bergeron, pursuant to 42 U.S.C. section 1983 . Plaintiffs allege various violations of their constitutional rights through a policy and practice of performing strip searches and body-cavity searches in public. Now before the court is a motion for partial summary judgment on behalf of plaintiff Young only. Young seeks a declaratory judgment and finding of liability against defendant Bergeron as to Young’s Fourth Amendment claim for unreasonable search and seizure. Having considered the parties’ arguments and submissions, the court enters the following memorandum and order.

BACKGROUND

I. Events of September SO, 2003

On September 30, 2003, at approximately 11:30 p.m., defendant Bergeron pulled plaintiff Young over at approximately the 2800 block of West Street, in Oakland, California. Young is an African-American man and was wearing blue jeans, a belt, a shirt and shoes. Docket No. 103 (Had-dad Dec), Exh. A (Young Depo.) at 19. Young was not on…

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