Smith v. County of Riverside

MEMORANDUM **

Donette Smith appeals from the district court’s grant of summary judgment in favor of the City of Riverside (“City”) and County of Riverside (“County”), and certain officers involved in initiating and conducting a strip search of her person. Officers at a County correctional facility stripped Smith of her clothes at the recommendation of City Police Officer David Johansen, who stated his belief that Smith might have secreted drugs on her person. The strip search revealed nothing. Smith filed this action alleging violations of 42 U.S.C. § 1983 and state law against Officer Johansen, his commanding officer Russell Leach, the City, County Sheriff Bob Doyle and the County. Smith claims that the officers lacked the constitutionally required reasonable suspicion to conduct the strip search and therefore violated her Fourth Amendment rights. We affirm as to the County and Sheriff Doyle, but reverse as to the City, and Officers Johansen and Leach.

I. Claims Against the City

Genuine issues of material fact preclude summary judgment as to Smith’s § 1983 claim. See Galen v. County of Los Angeles, 477 F.3d 652, 658 (9th Cir.2007) (noting that the non-moving party may defeat…