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United States Ninth Circuit


Way v. County of Ventura, 04-55457

Denial of qualified immunity to defendants in a 42 U.S.C. section 1983 case is reversed in part as to defendants-officials where, although a strip search with a visual cavity inspection of plaintiff during a booking process on a misdemeanor drug charge at a detention facility was unconstitutional, the unconstitutionality of the search was not clearly established at the time.

Appellate Information

  • Argued 12/08/2005
  • Decided 04/20/2006
  • Published 04/20/2006

Judges

  • RYMER, Circuit Judge., Before RYMER and WARDLAW, Circuit Judges, and EDWARD C. REED, JR., District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellees:
  • Alan E. Wisotsky and Jeffrey Held, Law Offices of Alan E. Wisotsky, Oxnard, CA, for the defendants-appellants., Earnest C.S. Bell, Law Offices of Earnest C.S. Bell, Ventura, CA, for the plaintiff-appellee.
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