Donald Emery v. Pierce County

FILED

NOT FOR PUBLICATION JUN 01 2011

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

DONALD P EMERY, husband their No. 10-35422 marital community and as the natural guardian on behalf of their minor children; D.C. No. 3:08-cv-05282-BHS et al.,

Plaintiffs - Appellants, MEMORANDUM *

v.

PIERCE COUNTY, a political corporation located in the State of Washington; et al.,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Washington Benjamin H. Settle, District Judge, Presiding

Argued and Submitted April 14, 2011 Seattle, Washington

Before: KLEINFELD, TASHIMA, and SILVERMAN, Circuit Judges.

Plaintiffs appeal the district court’s grant of summary judgment in favor of

the defendants in plaintiffs’ complaint asserting 42 U.S.C. § 1983 civil rights and

state claims. We have jurisdiction pursuant to 28 U.S.C. § 1291, review the grant

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. of summary judgment de novo, Delia v. City of…