Jane Doe v. City of San Mateo

ORDER

The Memorandum Disposition filed January 28, 2014, is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

The Petitions for Rehearing and Rehearing En Banc are otherwise DENIED, no further petitions for rehearing will be accepted.

MEMORANDUM

We have jurisdiction pursuant to 28 U.S.C. § 1291 over this timely appeal from the district court’s grant of summary judgment to the defendants, and we affirm, albeit on a different ground. Craig v. M & O Agencies, Inc., 496 F.3d 1047, 1053 (9th Cir.2007). Because the facts are well known to the parties and were fully aired during oral argument, we repeat them only as necessary to explain our decision.

The events that precipitated this lawsuit began with a sexual encounter between Doe and her ex-boyfriend at his home, following which he called the police, who arrested her. She sued the ex-boyfriend in state court for sexual battery, but she voluntarily dropped that case after the trial commenced. She subsequently sued in federal court under § 1983, alleging that the police had violated her Fourth and Fourteenth Amendment rights by illegally strip searching her following her…