Juan Ramirez v. Joseph Arpaio

MEMORANDUM

Arizona state prisoner Juan Irineo Ramirez appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations in connection with visual body cavity strip searches during his pretrial detention. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under 28 U.S.C. § 1915A. Wilhelm v. Rotman, 680 F.3d 1113, 1118 (9th Cir.2012). We may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm.

The district court properly dismissed the Maricopa County Sheriffs Office (“MCSO”), sued as the Maricopa County Sheriffs Department, because Maricopa County is the proper party. See Melendres v. Arpaio, 784 F.3d 1254, 1260 (9th Cir.2015) (citing Braillard v. Maricopa County, 224 Ariz. 481 , 232 P.3d 1263, 1269 (Ariz.Ct.App.2010) for the proposition that MCSO is a non-jural entity, concluding that MCSO had improperly been named as a party in the action, and substituting Maricopa County as a party in lieu of MCSO); see also Braillard, 232 P.3d at 1269 (“[N]o Arizona statute confers [the power to sue and be sued] on MCSO as…