United States Ninth Circuit

Summary judgment to defendants on plaintiff's 1983 action arising from the apparent suicide of an inmate in the California prison system is: 1) affirmed in part, as to: (a) the inadequate staffing claims with respect to defendants Wong, Martinez and Orrick, and (b) plaintiffs' claims for failure to provide proper medical treatment, and (c) the failure to train claims; and 2) reversed in part, as to: (a) plaintiff's claims regarding the absence of all floor officers due to a meeting, a jury could conclude that the complete withdrawal of all supervision created an unconstitutional risk of harm to the mentally ill inmates, that defendants Sisto and Neuhring were responsible for, and deliberately indifferent to, this lack of supervision and that the lack of floor staff was an actual and proximate cause of the inmate's death, (b) as to plaintiffs' claims based on the failure to administer CPR by defendant-officers.

Appellate Information

• Decided 08/07/2013
• Published 08/07/2013

Judges

• CLIFTON

Court

• United States Ninth Circuit

Counsel