Gomez

Gomez v. City of Whittier

Good Law
211 F. App'x 573
United States Court of Appeals for the Ninth CircuitNovember 30, 2006No. 04-56944California2,050 words

Opinion

Lead Opinion

MEMORANDUM *

Manuel Gomez, Jr. (“Manuel”), Samuel Jose Gomez (“Samuel”), Dario Escontrias (“Dario”), Brenda Gomez (“Brenda”), George Gomez (“George”), Fabiola Gomez (“Fabiola”), and Alma Arteaga (“Alma”) (collectively, “plaintiffs” or “the Gomez Group”) appeal the summary judgment grant to the City of Whittier, California (“the City”) and eight Whittier police officers (“officers”) on plaintiffs’ various federal and state law claims arising out of the officers’ use of force against, and arrest of, members of the Gomez Group during the 2002 Whittier Uptown Family Fest. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

*575 I. 42 U.S.C. § 1983 Claims

The City is entitled to summary judgment on all of plaintiffs’ § 1983 claims because it cannot be held vicariously liable for the officers’ actions and plaintiffs fail to raise a genuine issue of material fact that the officers’ conduct was pursuant to an unconstitutional policy or custom, or the result of the City’s deliberate indifference to an inadequate training program. See City of Canton v. Harris, 489 U.S. 378, 390 , 109 S.Ct. 1197 , 103 L.Ed.2d 412 (1989); Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691 , 98 S.Ct.…

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