In a 42 U.S.C. section 1983 action making a Fourth Amendment facial challenge to San Francisco's policy requiring a strip search of all arrestees who were to be introduced into San Francisco's general jail population for custodial housing, denial of summary judgment to defendants based on qualified immunity is reversed where the balance between the need for the strip search policy, due to contraband problems in the jail system, and the invasion of personal rights that the search entailed, weighed in favor of the jail system's institutional concerns.
Read Bull v. San Francisco, No. 05-17080
Appellate Information
Argued March 26, 2009
Submitted April 10, 2009
Judges
Opinion by Judge Ikuta
Concurrence by Judge Kozinski
Concurrence by Judge Graber
Dissent by Judge Thomas
Counsel
For Appellants:
Dennis J. Herrera, Danny Chou, and David B. Newdorf, San Francisco City Attorney's Office, San Francisco, CA
For Appellees:
Mark E. Merin and Cathleen A. Williams, Law Office of Mark E. Merin, San Francisco
