Bayone

MEMORANDUM *

Plaintiffs, African-Americans who suffered injury during race riots when they were inmates in a Los Angeles County jail facility, appeal the district court’s dismissal of their constitutional claims brought under 42 U.S.C. §§ 1983 and 1985(3). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the facts, we do not recount them here.

The district court properly dismissed the constitutional claims of those Plaintiffs who were incarcerated on the date they filed their complaint. 1 The evidence did not show that they exhausted available administrative remedies prior to filing their complaint as the Prison Litigation Reform Act (“PLRA”) required. Plaintiffs’ argument that they substantially complied with available administrative remedies by filling out complaint forms or otherwise complaining to jail officials while incarcerated was not raised below, and is therefore deemed waived.

The district court, in the alternative, properly dismissed all of Plaintiffs’ constitutional claims on the basis of its previous ruling in a related case, Moore v. Baca. 3 In Moore, the court determined on summary judgment that Defendants’…