Sherman

Sherman v. County of Maui

Good Law
191 F. App'x 535
United States Court of Appeals for the Ninth CircuitJune 29, 2006No. 04-16180California526 words

Opinion

Lead Opinion

MEMORANDUM **

Fred Sherman appeals the district court’s grant of summary judgment in favor of defendants in Sherman’s 42 U.S.C. § 1983 action against the County of Maui and others, claiming violations of his constitutional rights when he was charged *537 $3,350 for a water meter and was arrested for theft of utility services. We affirm.

The district court properly recognized that Sherman’s claims for damages against County officials in their official capacity were effectively claims against the County itself, and thus the individual defendants were duplicative. Brandon v. Holt, 469 U.S. 464, 471-72 , 105 S.Ct. 873 , 83 L.Ed.2d 878 (1985). Furthermore, the district court properly held that the County cannot be held hable for punitive damages. City of Newport v. Fact Concerts, Inc., 453 U.S. 247, 260 , 101 S.Ct. 2748 , 69 L.Ed.2d 616 (1981).

Because Sherman bought the house “as is,” it did not constitute a payment of the prior owner’s debts or a hidden lien on the land when he had to pay for a new meter’s installation. Sherman’s argument that he was deprived a service in violation of the Supreme Court’s decision in Memphis Light, Gas, and Water Division v. Craft, 436 U.S. 1 , 98…

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