Buchanan

Buchanan v. County of Humboldt

Good Law
50 F. App'x 343
United States Court of Appeals for the Ninth CircuitOctober 29, 2002No. 99-16433; D.C. No. CV-97-03093-MJJ(JL)California625 words

Opinion

Lead Opinion

MEMORANDUM *

Kersti Buchanan appeals the district court’s grant of summary judgment in favor of appellees Myma Corder and the County of Humboldt on her 42 U.S.C. § 1983 action. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Municipal liability under Section 1983 can attach only if a municipality’s policy amounts to deliberate indifference to a constitutional right. Oviatt v. Pearce, 954 F.2d 1470 , 1474 (9th Cir.1992). In general, no Section 1983 constitutional injury arises from an employer’s failure to provide a safe workplace. See Collins v. City of Harker Heights, 503 U.S. 115, 130 , 112 S.Ct. 1061 , 117 L.Ed.2d 261 (1992) (“[T]he Due Process Clause does not impose an *345 independent federal obligation upon municipalities to provide certain minimal levels of safety and security in the workplace.”).

Nevertheless, Buchanan claims that her injury at the hands of a child housed in the temporary shelter at which she worked falls within the “danger creation” exception to this general rule. See L.W. v. Grubbs, 974 F.2d 119, 121 (9th Cir.1992) (Liability attaches when the defendants “created the danger to which [the plaintiff] fell victim” and “enhanced [the…

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