Harvey
Harvey v. Alameda County Medical Center
Opinion
Lead Opinion
MEMORANDUM **
We affirm the district court’s adverse grant of summary judgment on Dorothy Harvey’s 42 U.S.C. § 1983 claims against Alameda County, the Alameda County Medical Center, and Dr. Milton Lorig.
A public entity can only be liable when it commits constitutional violations pursuant to the entity’s official policy or custom, Monell v. Department of Social Services, 436 U.S. 658, 690-92 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978), or due to inadequate training rising to the level of deliberate indifference. City of Canton v. Harris, 489 U.S. 378, 390 , 109 S.Ct. 1197 , 103 L.Ed.2d 412 (1989). Harvey has presented no genuine issue of material fact that Alameda County (1) has a policy of not requiring deputies to determine that a detainee has a mental disorder, as required when executing a Section 5150 hold under the California Welfare and Institutions Code, (2) has failed to train deputies on Section 5150 holds, or (3) has a policy condoning excessive force in executing a Section 5150 hold.
Similarly, Harvey has presented no genuine issue of material fact that the Alameda County Medical Center has a policy of restraining or sedating patients when they are cooperative or…