O'Brien

O'Brien v. Maui County

Good Law
37 F. App'x 269
United States Court of Appeals for the Ninth CircuitJune 4, 2002No. 00-16571; D.C. No. CV 98-0594 PMPCalifornia1,724 words

Opinion

Lead Opinion

MEMORANDUM **

Cathy O’Brien was a victim of domestic violence for approximately two years, during which time she made repeated complaints to the Maui County Police Depart *271 ment (“MCPD”). In this action, brought under 42 U.S.C. § 1983 , O’Brien claims that Maui County, MCPD, and county officials violated her constitutional rights by failing adequately to train police officers on domestic violence and failing to protect her from abuse. The district court granted summary judgment to defendants on all claims. It also denied O’Brien’s motions to compel discovery. We have jurisdiction pursuant to 28 U.S.C. § 1291 , 1 and we affirm.

I. DISCUSSION

A. Claims Under 42 U.S.C. § 1983

O’Brien alleged that former MCPD Police Chief Howard Tagamori and MCPD Sergeant Jeffrey Tanoue violated her due process rights by failing to protect her from domestic violence. The district court granted summary judgment in favor of Tagamori and Tanoue on qualified immunity grounds on these claims.

“[GJovernment officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established ... constitutional rights of…

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