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San Mateo, California Jail Strip Search Plaintiffs Win Class Certification
The U.S.D.C. (N.D. Cal.) granted plaintiff's F.R.Civ.P. Rule 23 motion for
class certification of her civil rights action against San Mateo County,
California for the class of strip searched pre-arraignment jail detainees
between February 3, 2002 and December 2, 2003 for whom written record had
not first been made that the searches would produce contraband or weapons.
The 42 U.S.C. § 1983 complaint seeks remedies under the Fourth and
Fourteenth Amendments of the U.S. Constitution, California Penal Code §
4030 and California Civil Code 55 52 and 52.1. The court ruled that the
Civil Code claims were restricted by the Code's language to individuals,
and denied class certification as to that Code in federal court, noting
that a state action could yet be taken. The court distinguished two classes
applying to the federal and state law claims. Class counsel is Mark E.
Merin. See: Gallagher v. County of San Mateo, U.S.D.C (N.D. Cal.) Case No.
C04-448 SBA.
class certification of her civil rights action against San Mateo County,
California for the class of strip searched pre-arraignment jail detainees
between February 3, 2002 and December 2, 2003 for whom written record had
not first been made that the searches would produce contraband or weapons.
The 42 U.S.C. § 1983 complaint seeks remedies under the Fourth and
Fourteenth Amendments of the U.S. Constitution, California Penal Code §
4030 and California Civil Code 55 52 and 52.1. The court ruled that the
Civil Code claims were restricted by the Code's language to individuals,
and denied class certification as to that Code in federal court, noting
that a state action could yet be taken. The court distinguished two classes
applying to the federal and state law claims. Class counsel is Mark E.
Merin. See: Gallagher v. County of San Mateo, U.S.D.C (N.D. Cal.) Case No.
C04-448 SBA.
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Related legal case
Gallagher v. County of San Mateo
| Year | 2005 |
|---|---|
| Cite | U.S.D.C (N.D. Cal.) Case No. C04-448 SBA |
| Level | District Court |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |