Avalos v. Baca

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a district court properly found that, following the rejection of the plaintiff’s claim of a constitutional violation, his conspiracy claim under Section 1983 was “eviscerated” as a matter of law
• noting that a failure to state a 17 colorable underlying constitutional violation is fatal to a conspiracy claim based on the 18 same allegations
• providing that, to recover under Section 1983, the plaintiff must either demonstrate that the defendant personally participated in the alleged deprivation of right or that the deprivation “was the result of a pattern or custom”
• affirming grant of summary judgment on conspiracy claim where there was no evidence of an agreement between defendants to harm plaintiff
• upholding dismissal of conspiracy claim where 4 underlying constitutional claim was denied
• an individual defendant must personally participate in 11 the act or failure to act, to state a claim under Section 1983

Source: CourtListener parenthetical corpus (CC0).