(PC) Gould v. California Department of Corrections and Rehabilitation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STEVEN ERIC GOULD, Case No. 18-cv-05427-HSG
Plaintiff, ORDER GRANTING MOTIONS FOR
SUMMARY JUDGMENT
v. Re: Dkt. Nos. 26, 39 VERGARA, et al., Defendants.
12 Plaintiff filed this pro se action pursuant to 42 U.S.C. § 1983. The Court found that the amended complaint stated a cognizable Fourth Amendment claim1 against Correctional Training Facility (“CTF”) officers Vergara and A. Luna when it alleged that they took a DNA sample from plaintiff’s mouth without plaintiff’s consent, without probable cause, and without a warrant or court order, and against Monterey County District Attorney Investigator (“DAI”) sheriff T. Rodriguez when it alleged that he was present to enforce the DNA collection. Dkt. No. 15. Now pending before the Court are Defendant Rodriguez’s motion for summary judgment (Dkt. No. 26) and Defendants Vergara and Luna’s motion for summary judgment (Dkt. No. 39). Plaintiff has filed oppositions to both motions (Dkt. Nos. 31,…