Anastausia Sepulveda v. R. Ramirez, Cresa B. Appleby, Parole Agent Jim Ludwig

Plaintiff Anastausia Sepulveda, a parolee, filed suit for damages under 42 U.S.C. § 1983 (1981) against California State Parole Officers James Ludwig and Cresa Ap-pleby. Sepulveda alleged a violation of her constitutional right to bodily privacy. The officers moved for summary judgment. They claim that they were entitled to qualified immunity. The district court denied their motion and the officers appeal.

We have jurisdiction over this interlocutory appeal. Mitchell v. Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985). We conclude that a genuine issue of material fact exists whether Officer Ludwig’s conduct violated Sepulveda’s clearly established constitutional right to bodily privacy and affirm the district court’s decision denying summary judgment.

BACKGROUND

Anastausia Sepulveda was paroled from state prison on July 21, 1988. Officer Ap- pleby, a woman, was assigned as Sepulve-da’s parole officer. Sepulveda agreed to submit to drug testing as a condition of her parole. In fall 1988, Officer Appleby asked Sepulveda to report to the parole office, When Sepulveda arrived, Appleby was in a meeting and unavailable. Sepulveda met instead with Officer Ludwig, a male…