Horton v. City of Santa Maria, No. 15-56339 (9th Cir. 2019)
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Plaintiff filed suit under 42 U.S.C. 1983 and California law, alleging that the city, the police department, and individual officers violated his Fourteenth Amendment right to be safeguarded from injury and his state law right to medical care while in custody. Plaintiff tried to commit suicide while he was a pretrial detainee and now suffers permanent and severe brain damage.
The Ninth Circuit reversed the district court's denial of qualified immunity on the section 1983 claims as to Officer Andrew Brice, because it was not clearly established at the time that a reasonable officer would perceive a substantial risk that plaintiff would imminently attempt suicide. The panel held that it lacked jurisdiction to review the denial of summary judgment on the section 1983 claims as to the municipal defendants, because the pendent Monell claim was not inextricably intertwined with a properly reviewable collateral appeal, as the panel's resolution of Officer Brice's appeal from the denial of summary judgment on qualified immunity did not "necessarily" resolve plaintiff's Monell claim. Finally, the panel affirmed the district court's denial of summary judgment on the state law claims, because a reasonable jury could conclude that Officer Brice had reason to know that plaintiff had a serious medical condition and required immediate medical care and he failed timely to summon such care. The panel remanded for further proceedings.
Court Description: Civil Rights. The panel reversed in part and affirmed in part the district court’s order denying summary judgment to defendants in an action brought pursuant to 42 U.S.C. § 1983 and California law by a pretrial detainee who alleged that defendants violated his Fourteenth Amendment right to be safeguarded from injury and his state law right to medical care while in custody. After being arrested, plaintiff was detained in a temporary holding cell and left unattended for around half an hour, during which time he attempted suicide, causing permanent and severe injury. With his mother acting as guardian ad litem, plaintiff filed suit alleging, in part, that defendants were deliberately indifferent to his safety because they failed to take appropriate action after plaintiff’s mother had warned a police officer over the phone that plaintiff was suicidal. The panel held that defendant Officer Brice was entitled to qualified immunity as a matter of law because a reasonable officer would not have known that failing to attend to plaintiff immediately after the phone call would be unlawful under the law at the time of the incident. The panel therefore reversed the district court’s denial of summary judgment in favor of Officer Brice on the § 1983 claim. HORTON V. CITY OF SANTA MARIA 3 The panel next held that it lacked jurisdiction to review the district court’s denial of summary judgment in favor of the municipal defendants on the § 1983 claim. The panel noted that when a municipal defendant’s motion for summary judgment is “inextricably intertwined” with issues presented in the individual officers’ qualified immunity appeal, this court may exercise pendent party appellate jurisdiction. The panel held that in this case appellate resolution of the officer’s appeal did not “necessarily” resolve the pendent claim of municipal liability. The panel noted that its holding that Officer Brice was entitled to qualified immunity did not preclude the possibility that a constitutional violation may nonetheless have taken place, including as a result of the collective acts or omissions of Santa Maria Police Department officers. The panel remanded to permit the district court to consider the claims in light of this court’s recent guidance in Castro v. County of Los Angeles, 833 F.3d 1060 (9th Cir. 2016) (en banc), and Gordon v. County of Orange, 888 F.3d 118, 1125–26 (9th Cir. 2018). Finally, the panel affirmed the district court’s denial of summary judgment to defendants on the state law claim brought pursuant to California Government Code § 845.6, concluding that there was a genuine issue of material fact as to liability under state law. Dissenting in part, Judge Bybee joined the majority’s holding that Office Brice was entitled to qualified immunity for plaintiff’s deliberate-indifference claim under 42 U.S.C. § 1983 and that the panel lacked jurisdiction over the municipal liability claim. Judge Bybee would have reversed the district court’s denial of summary judgment on the state law claim, because he believed that there was no basis under California law for subjecting Officer Brice to suit. 4 HORTON V. CITY OF SANTA MARIA
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