Recent Wins

Nov 13, 2006 Martin Stein, , Carolyn Oill
Ninth Circuit affirms summary judgment in civil rights case

Williams v. County of Los Angeles, (2006) U.S.App.LEXIS 28085 (United States Court of Appeals for the Ninth Circuit) [unpublished]. Lillie Hsu, Carolyn Oill and Marty Stein combined for this victory. A prisoner filed a section 1983 action, pro se, against the County of Los Angeles, alleging he was denied a lower bunk even though he had medical authorization for one. The memorandum opinion holds that the district court: (1) properly granted summary judgment on plaintiff’s claim under Monell v. Department of Social Services, 436 U.S. 658 (1978), because plaintiff provided no evidence that the County had a pattern or practice of denying bottom bunks to inmates with medical authorization for such bunks; (2) properly dismissed plaintiff’s claims against Sheriff Baca because plaintiff failed to raise a triable issue of material fact regarding Baca’s involvement in the alleged constitutional violations; and (3) properly denied plaintiff’s request for a sixth extension of time to file objections to the Magistrate’s report, which recommended that summary judgment be granted.