Mortimer v. Baca, No. 07-55393

In a 42 U.S.C. section 1983 action alleging that plaintiffs were wrongfully detained in jail for periods of time ranging from twenty-six to twenty-nine hours after the court had authorized their releases, summary judgment for defendant is affirmed where: 1) the district court was not foreclosed on a prior remand from reviewing defendant's proffered evidence concerning deliberate indifference and ruling on the motion for summary judgment on its merits; and 2) given the Los Angeles Sheriff's Department's many affirmative efforts to remedy the problem, the evidence in the record did not support a finding of a policy of deliberate indifference.

Read Mortimer v. Baca, No. 07-55393

Appellate Information

Argued and Submitted August 7, 2009

Filed February 5, 2010

Judges

Opinion by Judge Callahan

Counsel

For Appellants:

Marion R. Yagman and Joseph Reichmann, Yagman & Yagman & Reichman, Venice Beach, CA

For Appellee:

David D. Lawrence, Michael D. Allen and Justin W. Clark, Franscell, Strickland, Roberts & Lawrence, O.C., Glendale, CA