In evaluating these arguments, the court may consider the defendants' voluntary change from a discriminatory policy to a non-discriminatory policy to find that a readily available constitutional alternative existed. Jones v. Murphy, 567 F.Supp.2d 787, 791 (D. Md. 2008) (finding relevant to the fourth Morrison factor that the prison's later decision to search all arrestees to their last layer of clothing regardless of gender demonstrated a clear and readily available constitutional alternative to the prison's previously gender-discriminatory strip search policy).
This measure alone indicates an ability to treat male and female pre-classification detainees equally, and that there was a “ready alternative” available to accommodate female pre-classification detainees' rights “at de minimis cost to valid penological interests.” See Id. (fourth factor); see also Jones v. Murphy, 567 F.Supp.2d 787, 791 (D. Md. 2008) (denying defendants' motion for summary judgment and explaining: “To treat male and female arrestees equally for search purposes, however, Central Booking officials simply needed either to stop searching male arrestees to their underwear, or to start searching all arrestees to their underwear.
Additional background of this litigation is set forth in the prior decisions of the court. See Jones v. Murphy, 470 F.Supp.2d 537 (D.Md.2007) (defendants' motion to dismiss); Jones v. Murphy, 567 F.Supp.2d 787 (D.Md.2008) (plaintiffs' motion for summary judgment). Familiarity with those decisions is presumed.