Darby
Darby v. California, Department of Social Service
Opinion
Lead Opinion
MEMORANDUM
This case involves federal and state claims arising from the death of a foster child, Clarissa Darby, at the hands of her foster parent, Michehe Watson. The plaintiffs appeal the district court’s grant of summary judgment to defendants County of Humboldt, and Jeanne and Mark Watson, and its dismissal of their federal *690 claim against Michelle Watson. We affirm in part, reverse in part, and remand to the district court.
I.
We affirm the district court’s grant of summary judgment to the County on the plaintiffs’ claim under 42 U.S.C. § 1983 because the plaintiffs failed to raise a genuine issue of material fact as to municipal liability under Monell v. New York City Dept. of Social Seru., 436 U.S. 658, 689 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). We do not reach the question of whether there was a violation of Clarissa Darby’s constitutional rights because the plaintiffs did not present sufficient evidence from which a reasonable jury could have found that the County had a policy or custom that amounts to deliberate indifference. See Van Ort v. Estate of Stanewich, 92 F.3d 831, 835 (9th Cir.1996). The plaintiffs’ evidence of isolated incidents of failure to…