Hunter, et al. v. County of Sacramento, et al., No. 09-15288 (9th Cir. 2011)Annotate this Case
Plaintiffs brought an action under 42 U.S.C. 1983, seeking to prove that they were subjected to excessive force while in custody at the Sacramento County Main Jail. At issue was whether the district court erred by refusing to use certain jury instructions plaintiffs had requested. The court held that the district court prejudicially erred in refusing to instruct the jury that, for purposes of proving a Monell claim, a custom or practice could be supported by evidence of repeated constitutional violations which went uninvestigated and for which the errant municipal officers went unpunished. Therefore, the court vacated the judgment and remanded for a new trial.