U.S. Court of Appeals for the Ninth Circuit, 2009

Andrew Hinckley v. Yakima County

Andrew Hinckley v. Yakima County
U.S. Court of Appeals for the Ninth Circuit · Decided December 14, 2009 · Alarcón, Trott, Tashima
356 F. App'x 927

Andrew Hinckley v. Yakima County

Opinion

MEMORANDUM ***

Andrew T. Hinckley, a former inmate at the Yakima County Jail, appeals from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that Yakima County violated his constitutional rights by failing to protect him from an attack by other inmates. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Gibson v. County of Washoe, 290 F.3d 1175, 1180 (9th Cir. 2002), and we affirm.

The district court properly granted summary judgment because Hinckley failed to raise a triable issue as to whether the County employees’ housing decision was a direct result of a County policy, or whether the County had a custom or policy that amounted to deliberate indifference and was the moving force behind the employees’ housing decision. See id. at 1188, 1193-94 (discussing two ways to establish municipal liability); see also Navarro v. Block, 72 F.3d 712, 714 (9th Cir. 1995) (“Proof of random acts or isolated events is insufficient to establish custom.”).

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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