Kenneth Marsh v. County of San Diego

MEMORANDUM

Kenneth Marsh appeals the district court’s denial of his partial summary judgment motion and its grant of summary judgment to appellees Children’s Hospital Medical Center (also known as Rady Children’s Hospital, or “RCH”), Dr. David Chadwick, Dr. Roger Williams, and the County of San Diego. We affirm the district court.

To prevail on his § 1983 claims against RCH, Dr. Chadwick, and Dr. Williams, Marsh had to show that the appellees’ actions were “actively instrumental in causing the initiation of legal proceedings” against Marsh. Awabdy v. City of Adelanto, 368 F.3d 1062, 1067 (9th Cir.2004); see also Smiddy v. Varney, 803 F.2d 1469, 1471 (9th Cir.1986). The district court correctly found that Marsh failed to produce evidence sufficient to create a genuine issue of material fact on this issue. The prosecutor testified that his decision to prosecute was based primarily on the lack of blood at the crime scene and his common-sense assumption that deep neck cuts would bleed profusely. The prosecutor was also entitled to consider evidence that Phillip had suffered severe and unexplained medical problems that began after Marsh moved into the home of Phillip and his mother;…