Jimmy Bromgard v. Yellowstone County

MEMORANDUM

For a custom or policy of inaction to amount to deliberate indifference toward constitutional rights and thus be actionable under 42 U.S.C. § 1983 , it

Butler v. Elle, 281 F.3d 1014 , 1026 n. 9 (9th Cir.2002) (alteration in original). Bromgard has presented no evidence that the County made a “conscious” or “deliberate choice” of inaction “from among various alternatives.” Id. The evidence demonstrates that the County was not in a legal or de facto position to hire, supervise, remove or set the compensation of defense attorneys for indigents in 1987. Thus, under Butler , the County’s inaction cannot amount to deliberate indifference. Id.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.