Lamarca

Lamarca v. Moers

Good Law
172 F. App'x 135
United States Court of Appeals for the Ninth CircuitFebruary 22, 2006No. 04-16126California245 words

Opinion

Lead Opinion

MEMORANDUM **

Gateno Lamarca appeals the district court’s grant of summary judgment to the City of Henderson and certain individually named police officers (collectively Defendants) in his § 1983 action. We affirm.

Lamarca alleges that Defendants acted with deliberate indifference toward his medical condition after his arrest, in viola *136 tion of the Fourteenth Amendment. Far from acting with deliberate indifference toward Lamarca’s health, the Defendants sought and obtained two independent medical evaluations of Lamarca to ensure his health would not be at risk by being jailed. Additionally, the Defendants contacted Lamarca’s roommate to ensure he did not have any medical conditions and that he was not on any medication. Lamarca cannot point to any evidence showing the Defendants were deliberately indifferent. See Toguchi v. Chung, 391 F.3d 1051 (9th Cir.2004).

Lamarca also alleges a claim under Monell v. Dept, of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). However, Lamarca has failed to produce any evidence showing that the City of Henderson had a custom or policy which caused Lamarca’s alleged constitutional violations.

Lamarca has waived appeal…

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