John Hernandez v. Kevin Broin

MEMORANDUM

Plaintiffs allege that Kevin Broin, the Mendocino County sheriff/coroner, denied them access to the courts by covering up the cause of their son’s death. The district court granted Broin’s motion for summary judgment, concluding plaintiffs did not show a genuine issue of fact as to whether Broin hid key facts, engaged in a cover-up, or otherwise denied plaintiffs access to the courts. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

A district court’s order granting summary judgment is reviewed de novo to “determine whether, viewing the evidence in the light most favorable to the nonmov-ing party, there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” Cameron v. Craig, 713 F.3d 1012, 1018 (9th Cir.2013) (quoting Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc)).

“The Supreme Court held long ago that the right'Of access to the courts is a fundamental right protected by the Constitution.” Delew v. Wagner, 143 F.3d 1219, 1222 (9th Cir.1998) (citing Chambers v. Baltimore & Ohio R.R. Co., 207 U.S. 142 , 148, 28 S.Ct. 34 , 52 L.Ed. 143 (1907)). To prevail on their claim, plaintiffs…