BULL v. CITY AND COUNTY OF SAN FRANCISCO

Nos. 06-15566, 05-17080.

595 F.3d 964 (2010)

Mary BULL; Jonah Zern, and all others similarly situated; Laura Timbrook; Leigh Fleming; Charli Johnson; Micky Mangosing; Alexis Bronson; Marcy Corneau; Lisa Giampaoli, Plaintiffs-Appellees, v. CITY AND COUNTY OF SAN FRANCISCO; San Francisco County Sheriff's Department; Michael Hennessey, Sheriff; San Francisco County Sheriff's Deputies, Defendants-Appellants. Mary Bull; Jonah Zern, and all others similarly situated; Laura Timbrook; Leigh Fleming; Charli Johnson; Micky Mangosing; Alexis Bronson; Marcy Corneau; Lisa Giampaoli, Plaintiffs-Appellees, v. City and County of San Francisco; San Francisco County Sheriff's Department; Michael Hennessey, Sheriff; San Francisco County Sheriff's Deputies, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submitted April 10, 2009.

Filed February 9, 2010.


Attorney(s) appearing for the Case

Dennis J. Herrera, City Attorney, Joanne Hoeper, Chief Trial Attorney, Danny Chou (argued), Chief of Complex and Special Litigation, Robert A. Bonta (argued), Deputy City Attorney, and David B. Newdorf, Newdorf Legal, for the appellants.

Mark E. Merin (argued) and Cathleen A. Williams, Law Office of Mark E. Merin; and Andrew Charles Schwartz and Thomas A. Seaton, Casper, Meadows, Schwartz & Cook, for the appellees.

Before: ALEX KOZINSKI, Chief Judge, PAMELA ANN RYMER, SIDNEY R. THOMAS, SUSAN P. GRABER, KIM McLANE WARDLAW, RONALD M. GOULD, MARSHA S. BERZON, JOHNNIE B. RAWLINSON, RICHARD R. CLIFTON, SANDRA S. IKUTA, and N. RANDY SMITH, Circuit Judges.


IKUTA, Circuit Judge:

The San Francisco Sheriff's Department oversees six county jails in the San Francisco Bay Area, through which approximately 50,000 individuals are booked and processed each year. To address a serious problem of contraband smuggling in the jail system, Sheriff Michael Hennessey instituted a policy requiring the strip search of all arrestees who were to be introduced into San Francisco's general jail population for custodial housing. In a class...

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