United States Ninth Circuit

In a 42 U.S.C. section 1983 action alleging that plaintiffs were wrongfully detained in jail for periods of time ranging from twenty-six to twenty-nine hours after the court had authorized their releases, summary judgment for defendant is affirmed where: 1) the district court was not foreclosed on a prior remand from reviewing defendant's proffered evidence concerning deliberate indifference and ruling on the motion for summary judgment on its merits; and 2) given the Los Angeles Sheriff's Department's many affirmative efforts to remedy the problem, the evidence in the record did not support a finding of a policy of deliberate indifference.

Appellate Information

• Argued 08/07/2009
• Decided 02/05/2010
• Published 02/05/2010

Judges

• Before KIM McLANE WARDLAW and CONSUELO M. CALLAHAN, Circuit Judges, and RALPH R. BEISTLINE,Chief District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Marion R. Yagman (argued) and Joseph Reichmann, Yagman & Yagman & Reichman, Venice Beach, CA, for the plaintiffs-appellants.


• For Appellees:
  
• David D. Lawrence, Michael D. Allen (argued), and Justin W. Clark, Franscell, Strickland, Roberts & Lawrence, O.C., Glendale, CA, for the defendant-appellee.