Williams v. County of Los Angeles

MEMORANDUM **

California state prisoner Anthony Williams appeals pro se from the district court’s summary judgment in favor of Los Angeles County and its officials in his 42 U.S.C. § 1983 action alleging defendants acted with deliberate indifference on two occasions by assigning him to a top bunk despite medical authorization for a lower bunk due to a seizure disorder. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Beene v. Terhune, 380 F.3d 1149, 1150 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment on Williams’s claim under Monell v. Dep’t of Soc. Servs., 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978), because Williams provided no evidence that the County had a pattern or practice of assigning inmates with medical authorization for a bottom bunk to a top bunk. Standing alone, the two occasions where Williams was assigned to a top bunk are not enough to rise to the level of a constitutional violation. See Navarro v. Block, 72 F.3d 712, 714-15 (9th Cir.1996) (allega *594 tions of random acts, or single instances of misconduct are insufficient to establish a municipality’s custom or policy); see also Merritt v.…