Martin

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION; GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Following remand of this case from the Ninth Circuit Court of Appeals, Plaintiff David Martin and Defendants Roland Maus (“Det. Maus”) and the County of San Diego have filed cross-motions for summary judgment/adjudication. Both parties filed opposition and reply briefs regarding the cross-motions.

A hearing was held before Chief Judge Irma E. Gonzalez on August 4, 2009. Upon consideration of the arguments presented by the parties, for the reasons set forth herein, the Court denies Plaintiffs motion for summary adjudication and grants in part and denies in part Defendants’ motion for summary judgment.

Factual and Procedural Background

The underlying facts regarding this case are fully set forth in this Court’s March 17, 2006 order and will be re-stated herein only as necessary in the discussion of the parties’ arguments. In short, Plaintiffs complaint arises from the May 1, 2002 execution of a search warrant, which Defendant Maus procured the previous day, calling for “sufficient hair, blood, and saliva samples for comparison purposes.” Det.…