Josefina Cabrales v. County of Los Angeles Ronald Black, Josefina Cabrales, Cross-Appellant v. County of Los Angeles Ronald Black, Cross-Appellees

ORDER

In Cabrales v. County of Los Angeles, 864 F.2d 1454 (9th Cir.1988), vacated — U.S.-, 109 S.Ct. 2425 , 104 L.Ed.2d 982 (1989), we upheld a jury verdict in favor of Mrs. Cabrales on her section 1983 claim against the County of Los Angeles. The Supreme Court vacated our opinion and remanded for consideration in light of City of Canton v. Harris, — U.S. -, 109 S.Ct. 1197 , 103 L.Ed.2d 412 (1989). That decision clearly does not undermine our separate conclusions that, first, the County failed to preserve its sufficiency of the evidence arguments because it did not move for a directed verdict, and second, that the California statute of limitations did not bar Mrs. Cabrales’s claim against defendant Black. We thus need only consider whether Harris alters our conclusions that the district court properly denied summary judgment against Mrs. Cabrales because there were disputed issues of fact as to whether the County had a policy manifesting a deliberate indifference to the needs of pretrial detainees; and whether the jury was properly instructed that the County could be held liable under section 1983 only if there was sufficient evidence of such a policy. We conclude that Harris…