MEMORANDUM *

For a custom or policy of inaction to amount to deliberate indifference toward constitutional rights and thus be actionable under 42 U.S.C. § 1983, it

must be the result of a ‘conscious,’ City of Canton v. Harris, 489 U.S. 378, 389, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989), *788 or ‘deliberate choice to follow a course of action ... made from among various alternatives by the official or officials responsible for establishing final policy with respect to the subject matter in question.’ Pembaur v. City of Cincinnati, 475 U.S. 469, 483, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986).

Butler v. Elle, 281 F.3d 1014, 1026 n. 9 (9th Cir. 2002) (alteration in original). Bromgard has presented no evidence that the County made a “conscious” or “deliberate choice” of inaction “from among various alternatives.” Id. The evidence demonstrates that the County was not in a legal or de facto position to hire, supervise, remove or set the compensation of defense attorneys for indigents in 1987. Thus, under Butler, the County’s inaction cannot amount to deliberate indifference. Id.

AFFIRMED.