Fitzgerald

Fitzgerald v. Pollard

Good Law
United States District Court, Southern District of CaliforniaFebruary 12, 20243:20-cv-00848California1,585 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 RHONDA FITZGERALD, an individual, Case No.: 20cv848 JM(SBC) and on behalf of all persons similarly 10 situated, ORDER ON DEFENDANTS’ APPLICATION FOR LEAVE TO Plaintiff,

FILE A MOTIN TO DECERTIFY

12 v. THE CLASS 13 MARCUS POLLARD, et al., 14 Defendants. 15 Presently before the court is Defendants’ Application for Leave to File a Motion to Decertify the Class (Doc. No. 120). I. Relevant Procedural History After holding oral argument on October 17, 2022, this court issued an Order on November 3, 2022 certifying the following class: Those visitors, from May 5, 2018 to the present, to the Richard J. Donovan Correctional Facility who were required to submit to an unclothed search as a 22 condition to visiting an inmate and were so searched in the absence of individualized reasonable suspicion to believe that the visitor intended to smuggle contraband into the Prison, as evidenced by a failure to…

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