Phinney v. County of San Diego

26 F.3d 132 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carol PHINNEY; Mr. and Mrs. Donald Ozburn, Plaintiffs-Appellants, v. COUNTY OF SAN DIEGO, Office of the County Coroner; David J. Stark, R. Steve Phillips, M.D.; Robert Bucklin, M.D., Defendants-Appellees. No. 92-56512. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 4, 1994. Decided June 7, 1994. 1 Before: BROWNING, and FLETCHER, Circuit Judges, and FITZGERALD, District Judge. * 2 MEMORANDUM ** 3 Plaintiffs can establish a constitutional deprivation under Sec. 1983 only by proving the individual defendants intentionally misled authorities as to the cause of Travis's death. See Daniels v. Williams, 474 U.S. 327, 328 (1986) ("[T]he Due Process Clause is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property."); Estelle v. Gamble, 429 U.S. 97, 106 (1976) (no constitutional violation where doctor commits malpractice). After…