United States Ninth Circuit

Dismissal of an action brought pursuant to 42 U.S.C. section 1983 alleging that plaintiff was sexually assaulted by an unidentified deputy sheriff at a vehicle inspection cite is affirmed, where: 1) plaintiff's allegations did not establish that defendant county or Sheriff were deliberately indifferent to the risk of sexual assault by deputies on members of the public, nor that the assault on plaintiff was a known or obvious consequence of the alleged lack of training of deputies; and 2) in view of the penal code of California, which already prohibited such assault, and which law the deputies were sworn to uphold, and in the absence of any pattern of sexual assaults by deputies, plaintiff has also failed to allege facts sufficient to state a claim, plausible on its face, that the alleged failure to train officers not to commit sexual assault constituted deliberate indifference.

Appellate Information

• Decided 07/14/2014
• Published 07/14/2014

Judges

• BEA

Court

• United States Ninth Circuit

Counsel