Craft

ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

This matter is before the Court on plaintiffs’ Motion for Partial Summary Judgment, filed on September 15, 2006. This matter was heard on December 4, 2006. As set forth more fully below, the Court GRANTS plaintiffs’ Motion for Partial Summary Judgment, for the reasons and in the manner stated.

I. The Present Motion

Plaintiffs seek partial summary judgment as to parts of their first cause of action (a claim brought pursuant to 42 U.S.C. § 1983 ) and their second cause of action (a claim brought pursuant to Cal. Civ.Code § 52.1(b)). Specifically, plaintiffs’ Motion seeks adjudication on the following issues:

(1) SBSD’s policy of subjecting the following individuals to strip and/or visual body cavity searches pursuant to a blanket policy and absent reasonable suspicion violates (a) the Fourth Amendment of the United States Constitution, (b) Article 1, § 1 of the California Constitution (right to privacy), and (c) Article 1, § 13 of the California Constitution (right to be free from unreasonable searches): Arrestees returning from court who are entitled to release as a result of their court appearance.

(2) SBSD’s…