Marquez v. McKay

46 F.3d 1143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marlene MARQUEZ; Socorro Espejo; Domitila Gundran; Art Marquez; Hector Guzman; Armida Gonzalez; Ricardo Ortiz, Plaintiffs-Appellants, v. James McKAY; B. Meade; Bob Wiley; County of Tulare, Defendants-Appellees. No. 93-15720. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 16, 1994. Decided Feb. 8, 1995. 1 Before: HUG, CANBY and KLEINFELD, Circuit Judges 2 MEMORANDUM * I. 3 Marlene Marquez and others (Marquez) appeal a district court order granting summary judgment to defendants in this Sec. 1983 action. Marquez argues that the district court erred in allowing an "alternate juror" to deliberate and vote with other jurors, and in granting summary judgment to defendants on the ground that verbal harassment cannot constitute a constitutional violation actionable under 42 U.S.C. Sec. 1983 . We affirm the district court's judgment. II. 4 When Federal Rule of Civil Procedure 47(b) was stricken…