United States Ninth Circuit

In an action under state and federal law brought by a pretrial detainee who was attacked by another arrestee and suffered serious harm, alleging that the County and Sheriff were deliberately indifferent to the substantial risk of harm created by housing him in the same sobering cell as the other arrestee and by failing to maintain appropriate supervision of the cell, the district court's judgment entered following a jury trial is: 1) affirmed as to damage award and judgment against individual defendants, where they were not entitled to qualified immunity; and 2) reversed as to judgment against the entity defendants where plaintiff's claim under Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978), was legally viable but insufficiently proven.

Appellate Information

• Decided 08/11/2015
• Published 08/11/2015

Judges

• Gilman

Court

• United States Ninth Circuit

Counsel