Robins

MEMORANDUM

Robert Lee Robins appeals the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action. Robins asserts four causes of action arising from events that took place on November 17, 1996 while he was incarcerated at Centinela State Prison. We review a district court’s grant of summary judgment de novo. See Leslie v. Grupo ICA, 198 F.3d 1152, 1157 (9th Cir.1999). If, after viewing the evidence in the light most favorable to the opposing party, this Court determines that a genuine issue of material fact exists, the order granting summary judgment must be reversed. See id. We conclude that genuine issues of material fact exist in this case.

Robins contends that a corrections officer violated his Fourth Amendment rights by inappropriately groping him while conducting a clothed body search. The district court rejected Robins’ account of the search, explaining that “Plaintiff cannot rely solely on the allegations in his pleadings but must, by affidavit or otherwise, set forth specific facts showing that there is a genuine issue for trial.” However, one party’s assertions can be enough to defeat a summary judgment motion. A party’s own deposition…