Werbicki

MEMORANDUM

Eugeny and Tracy Werbieki (“the Werbickis”) appeal the district court’s grant of summary judgment in favor of the County of Los Angeles, the Los Angeles Sheriffs Department and Deputy Leonard Cifelli on the Werbickis’ complaint under 42 U.S.C. § 1983 , alleging violations of their Fourth Amendment rights. The Werbickis also appeal the district court’s determination that Deputy Cifelli was entitled to qualified immunity, the district court’s grant of summary judgment on their state law claims, and the district court’s denial of their motion for leave to amend their complaint to add as defendants Deputies Love and Short.

Los Angeles County and the Los Angeles Sheriffs Department can only be sued directly under § 1983 for monetary, declaratory, or injunctive relief if the unconstitutional action at issue resulted from a governmental custom or policy. See Monell v. Department of Social Services of City of New York, 436 U.S. 658, 690 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). Here, the undisputed facts are insufficient to establish an issue of material fact that there was a custom or practice by the Los Angeles Sheriffs Department or Los Angeles County to rely on…