Cal.4th: Public strip search of ptf stated claim: He was in a park arrested for being there after it closed, on a bike without a headlight, and fled when officers approached

Plaintiff had a claim under the Tom Bane Civil Rights Act, even if officers had probable cause for an arrest, because he alleged roadside body cavity searches which necessarily amounted to intentional conduct separate and independent from a lawful arrest for being in a park after it closed, riding a bicycle in the dark without a headlight, or for resisting by fleeing when officers approached. Officers’ body camera video created a triable issue as to whether officers searched plaintiff’s rectum showing the officers manipulating plaintiff’s underwear using their hands in the vicinity of his partially exposed buttocks. Simmons v. Superior Court, 2016 Cal. App. LEXIS 1170 (4th Dist. Dec. 29, 2016), ordered published Jan. 25, 2017.

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