Wins

Nov 13, 2006
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Williams v. County of Los Angeles, (2006) U.S.App.LEXIS 28085 (United States Court of Appeals for the Ninth Circuit) [unpublished].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.