Sanders v. City of Fresno
Sanders v. City of Fresno
Opinion of the Court
MEMORANDUM
Plaintiff-Appellant Lavette Sanders appeals the district court’s grant of summary judgment to Defendants-Appellees City and County of Fresno (Fresno) and five police officers: Jerry Dyer, Richard Paul Brown, Eloy Escareneo, Jessee Herring and Beau Burger (the Officers). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Because the parties are familiar with the facts, we do not recount them here except as necessary to explain our decision.
The district court did not err in granting summary judgment to the Officers on Sanders’s 42 U.S.C. § 1983 action because
The district court also did not err in granting summary judgment to Fresno on the issue of municipal liability, since Sanders failed to establish a triable issue of fact as to whether the city was responsible for a constitutional tort. See Gibson v. County of Washoe, 290 F.3d 1175, 1185 (9th Cir. 2002); see also Estate of Amos ex rel. Amos v. City of Page, 257 F.3d 1086, 1094 (9th Cir. 2001) (holding that to prevail on a municipal liability claim, a plaintiff must show (1) that constitutional rights were violated, (2) that the municipality had customs or policies in place at the time that amounted to deliberate indifference, and (3) that those customs or policies were the moving force behind the violation of rights).
Sanders’s motion requesting judicial notice of extra records not presented to the district court is denied, as she has failed to provide a convincing reason for this court to consider those records. See Daly-Mur-phy v. Winston, 837 F.2d 348, 351 (9th Cir. 1988).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.