Alfredo Aguilar v. the County of Orange

MEMORANDUM

Alfredo Mendoza Aguilar appeals summary judgment in favor of Orange County, Sheriff Michael Carona, and Captain Brian Wilkerson, and the denial of his motion to amend his complaint to add indi vidual deputies, whom he alleges assaulted him during a contraband sweep at Theo Lacy Detention Center. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Aguilar, represented by counsel, had been given the names of the individual deputies who allegedly assaulted him well before the deadline to move to join parties and amend pleadings under the district court’s scheduling order. His untimely motion to amend his complaint was not supported by “good cause” to permit amending his complaint. Fed.R.Civ.P. 16(b)(4); AmerisourceBergen Corp. v. Dialysist West, Inc., 465 F.3d 946, 952 (9th Cir.2006). The district court did not abuse its discretion in denying Aguilar’s motion to amend his complaint. Coleman v. Quaker Oats Co., 232 F.3d 1271, 1295 (9th Cir.2000).

To show liability against a governmental entity, Aguilar was required to establish that his alleged unconstitutional injuries resulted from a policy or practice that is “persistent and widespread,” as well as “so…