Swartwood

Swartwood v. County of San Diego

Good Law
84 F. Supp. 3d 1093·2014 WL 7778999·2014 U.S. Dist. LEXIS 182020
United States District Court, Southern District of CaliforniaSeptember 30, 2014Case No: 12-CV-1665 W(BGS)California16,800 words

Opinion

Lead Opinion

Whelan, J.

ORDER: (1) GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT [DOC. 42]; (2) GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST THE INDIVIDUAL DEFENDANTS [DOC. 45]; AND (3) GRANTING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST THE COUNTY DEFENDANTS [DOC. 46]

Plaintiffs are Steven and Joanna Swart-wood, their son D.S., and daughter R.S. *1097 Defendants are the County of San Diego, the San Diego Health and Human Service Agency, the Polinsky Children’s Center (collectively, the “County”), and four individuals employed by the Agency: Maya Bryson, Wendy Curiel, Kelly Rollins, and Susan Solis (collectively, the “Individual Defendants”).

Plaintiffs filed this lawsuit after D.S. and R.S. were removed from their home without a warrant and subjected to medical exams, which included a urine test and examination of their genitalia, without notice to Steven or Joanna. Defendants admit that the medical exams were performed pursuant to the County’s policy that does not provide notice to the parents and excludes them from the medical exams. Plaintiffs contend Defendants’ conduct in removing the children,…

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