Chavez
Chavez v. County of San Diego
Opinion
Lead Opinion
MEMORANDUM **
Joyce Chavez appeals the district court’s summary judgment in her 42 U.S.C. § 1983 action against the County of San Diego for her treatment during her detention in the County women’s jail. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a grant of summary judgment, Vinson v. Thomas, 288 F.3d 1145, 1151-52 (9th Cir.2002), and we affirm.
The district court properly granted summary judgment with respect to Chavez’s claim that the County had an unconstitutional policy or practice of failing to accommodate the disability needs of its “book and release” detainees under the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act (“RA”).
First, insofar as Chavez seeks to enforce her rights under the ADA and RA through a 42 U.S.C. § 1983 action, she is clearly precluded from doing so under this court’s ruling in Vinson v. Thomas, 288 F.3d at 1155 .
*337 Second, the district court properly held that Chavez’s Fourteenth Amendment and ADA and RA claims were not properly before the court, as they were not raised at any time before her opposition to the County’s motion for summary judgment. Although we recognize that a party…