Drakeford

Drakeford v. County of Orange

Good Law
213 F. App'x 542
United States Court of Appeals for the Ninth CircuitDecember 14, 2006Nos. 04-57002, 05-55133California1,540 words

Opinion

Lead Opinion

MEMORANDUM *

David Drakeford appeals the district court’s grant of qualified immunity to several sheriffs deputies and 911 operators in his 42 U.S.C. § 1983 action. He also appeals the district court’s grant of summary judgment on his claims of municipal liability, supervisory liability and failure to train. The County of Orange interlocutorily cross-appeals the district court’s denial of its summary judgment motion on Drake-ford’s negligence claim. We affirm. Because the parties are familiar with the facts, we do not recount them here.

I. Qualified Immunity

Qualified immunity analysis consists of two questions. First, “[tjaken in the light most favorable to the party asserting the injury, do the facts alleged show the officer’s conduct violated a constitutional right?” Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). Second, if a violation occurred, was the right clearly established? Id. “The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” Id. at 202, 121 S.Ct. 2151 . As the Supreme Court has…

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