Rodney Berry v. Leroy Baca, R.D. Mortimer v. Leroy Baca, Anthony K. Hart v. Leroy Baca

Anthony Hart, Rodney Berry, and Roger Mortimer each sue Los Angeles County Sheriff Leroy Baca, in his official capacity, for pursuing a policy of deliberate indifference to their constitutional rights that resulted in unlawful periods of over-detention in the Los Angeles County jail. In each case, the plaintiff was detained for a period ranging from twenty-six to twenty-nine hours after the court had authorized his release from jail. Their cases were consolidated before the district court.

On May 29, 2003, the district court granted Baca’s motion for summary judgment. The court based its holding on the recently decided Ninth Circuit case, Brass v. County of Los Angeles, 328 F.3d 1192 (9th Cir.), cert. denied, — U.S .-, 124 S.Ct. 925 , 157 L.Ed.2d 744 (2003), which the district court held controlled because it found Brass and these consolidated cases “rest upon nearly identical grounds.”

Because we conclude that Brass is distinguishable, and that the plaintiffs in this case have raised a genuine issue of material fact with regard to the existence of a county policy of deliberate indifference to the constitutional rights of the plaintiffs, we reverse the grant of summary…