Fitzgerald
Fitzgerald v. Pollard
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 RHONDA FITZGERALD, an individual, Case No.: 20cv848 JM(NLS) and on behalf of all persons similarly 11 situated, ORDER ON MOTION FOR SUMMARY JUDGMENT Plaintiff, 13 v. 14 MARCUS POLLARD, et al., 15 Defendants. 16 Presently before the court is a motion for summary judgment filed by Defendants C. Moore, M. Pollard, A. Jackson, C. Mann-Little, and H. Cruz. (Doc. No. 41.) The motion has been fully briefed and the court held oral argument on August 23, 2021. For the reasons set forth below, the motion is denied. I. BACKGROUND This federal civil rights action (42 U.S.C. §1983) with pendant state claims arises out of a strip search of Plaintiff Rhonda Fitzgerald that occurred on September 28, 2019, when she visited the Richard J. Donovan Correctional Facility to see her friend, inmate Christopher Roberts (“Roberts”). (Doc. No. 1, Compl., ¶¶ 2, 13.) /// /// /// Ms. Fitzgerald filed a declaration as part of her opposition to the…