Ramirez

Ramirez v. Las Vegas Metropolitan Police Department

Good Law
22 F. App'x 828
United States Court of Appeals for the Ninth CircuitNovember 30, 2001No. 00-15830; D.C. No. CV-S-97-01904-DWH (RLH)California1,025 words

Opinion

Lead Opinion

MEMORANDUM **

Salvador Ramirez appeals the district court’s grant of summary judgment in favor of Las Vegas Metropolitan Police Department (“LVMPD”) and North Las Ve *830 gas Police Department (“NLVPD”). 1 We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

In order to withstand summary judgment in a 42 U.S.C. § 1983 claim against a municipal entity, a plaintiff must offer enough evidence to create a genuine issue of material fact as to both the existence of a constitutional violation, and municipal responsibility for that violation. See Monell v. Dep’t of Social Services, 436 U.S. 658, 690-91 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). Without passing on the merits of Ramirez’s alleged constitutional injuries, we conclude that Ramirez failed to create a genuine issue of material fact over whether LVMPD and NLVPD caused his alleged injuries.

Generally, a party may demonstrate municipal responsibility for a constitutional violation in one of three ways. First, a plaintiff might show that an entity with decision-making authority within the municipality expressly enacted or authorized the policy that led to…

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