Mar 21, 2007
Ninth Circuit affirms summary judgment for the defendants in a prisoner’s pro se appeal

Steven J. Wohl v. County of Los Angeles, et al. (2007) 2007 U.S. App. LEXIS 6965 (Ninth Circuit) [unpublished]. The plaintiff/appellant, a California state prisoner, alleged his civil rights were violated when he was a pretrial detainee in the County jail. Alison Turner and Marty Stein persuaded the Ninth Circuit to affirm summary judgment for the County, Sheriff Baca, and a number of County employees, The court held that the district court had properly deemed certain matters admitted after the plaintiff failed to respond to requests for admission, a failure that left no disputed fact issues. It also held that the district court properly refused plaintiff’s request for more time to conduct discovery as to certain defendants who were served after the discovery deadline had passed, finding that he had failed to demonstrate that he had been diligent in pursuing previous discovery or that the additional discovery would have precluded summary judgment.