Chris Vasquez v. County of Los Angeles

MEMORANDUM

Chris Vasquez and Elizario Perez sued several fellow Los Angeles County Sheriffs Department deputies, the County of Los Angeles, and the Sheriff of Los Ange-les County, asserting claims under 42 U.S.C. § 1983 and state law. Vasquez and Perez appeal the summary judgments entered by the district court in favor of the defendants and the denial of a motion to alter the judgment pursuant to Federal Rule of Civil Procedure 59(e). We have jurisdiction under 28 U.S.C. § 1291 , and affirm in part, vacate in part, and remand in part.

1.A plaintiff asserting a § 1983 claim has the burden of proving that a constitutional deprivation was “committed by a person acting under color of state law.” Anderson v. Warner, 451 F.3d 1063, 1067 (9th Cir.2006). The plaintiffs failed to provide evidence that the individual deputies acted under color of state law during an altercation at a holiday party at a private restaurant. Nor is there evidence that the County placed the plaintiffs in affirmative danger. See Huffman v. Cnty. of Los Angeles, 147 F.3d 1054, 1059-61 (9th Cir. 1998). Thus, the district court properly granted summary judgment with respect to the § 1983 claims against the…