Sexton v. County of Santa Clara
Sexton v. County of Santa Clara
Opinion of the Court
MEMORANDUM
Appellant Elizabeth Sexton is deaf. She alleges that, during proceedings that eventually resulted in her losing custody of her children for a period of time, two state-
On appeal, Sexton challenges only the judgment in favor of the County with respect to her claims under the ADA, California Civil Code section 54.8, and the Due Process Clause.
Federal Claims
To hold the County hable with regard to her federal claims, Sexton would have to allege that the actions inflicting injury: (1) flowed from either an explicitly adopted or a tacitly authorized county policy, see Hyland v. Wonder, 117 F.3d 405, 414 (9th Cir. 1997); (2) were the result of a deliberate choice among various alternatives by an appropriate policy-making official of the county, see Pembaur v. City of Cincinnati, 475 U.S. 469, 483-84, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986); or (3) reflected a subordinate’s decision, and the official county policy-maker had delegated authority to the subordinate or ratified that decision. City of St. Louis v. Praprotnik, 485 U.S. 112, 126-27, 108 S.Ct. 915, 99 L.Ed.2d 107 (1988).
Sexton identifies no policy attributable to the County from which her injury flowed. The County is not responsible for, and has no liability for, actions of the Superior Court, see Greater Los Angeles Council on Deafness, Inc. v. Zolin, 812 F.2d 1103 (9th Cir. 1987), and Sexton has not shown that any of the non-court, county personnel with whom she interacted was a county policy-maker. Accordingly, Sexton has failed to establish that the County is liable with respect to her federal claims.
State Claim
Sexton also appeals the district court’s entry of judgment against her on her claim under California Civil Code § 54.8.
However, neither the language of § 54.8 itself, nor any other provision in the California Disabled Persons Act, creates a private cause of action for violation of § 54.8.
CONCLUSION
We are sympathetic to Sexton’s plight. However, it appears from her complaint that, prior to the end of the state-court proceedings, accommodations were provided to mitigate the effects of her disability, rendering injunctive relief unavailable. As to the County’s liability, Sexton has failed to offer any evidence that she was discrim
AFFIRMED
. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. The statute provides in relevant part that "[i]n any civil or criminal proceeding ... the individual who is hearing impaired, upon his or her request, shall be provided with a functioning assistive listening system or a computer-aided transcription system.” Cal. Civ. Code § 54.8(a).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.