· 3/28/2006
Philomene Long, Surviving Spouse and Heir-At-Law of John Thomas Idlet, Deceased v. County of Los Angeles
Citations
- 442 F.3d 1178
- 2006 U.S. App. LEXIS 7552
- 2006 WL 770615
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that to 14 demonstrate a municipality’s policy deficiencies were the moving force behind the 15 constitutional deprivation, the plaintiff must prove that the injury would have been avoided had 16 the municipality instituted adequate policies
- noting that “it is only when execution of a 22 government’s policy or custom inflicts the [constitutional] injury that the municipality as an entity is responsible”
- stating that a 19 municipality’s “lack of affirmative policies or procedures to guide employees can amount 20 to deliberate indifference, even when the [municipality] has other general policies in 21 place”
- identifying the public function, joint 24 action, governmental compulsion, and governmental nexus tests for state action
- denying summary judgment regarding County’s failure to implement policies for responding to medically unstable patients, for prompt assessment if treatment is refused, and for transfer of medically unstable patient
- requiring “(1) that a right secured by the Consti tution ... was violated, and (2) that the alleged violation was committed by a person acting under the color of State law”
Source: CourtListener parenthetical corpus (CC0).
Judges: Disrict, Reinhardt, Rawlinson, Wilken
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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