Pelayes
Rodriguez Herlindo Junior v. Pelayes
Opinion
Trial Court Opinion
facts alleged. An official-capacity suit against employees of a municipality “is equivalent to a suit against the governmental entity itself.” Gomez v. Vernon, 255 F.3d 1118, 1126-27 (9th Cir. 2001). So to bring official-capacity claims against those two Defendants, Plaintiff must allege facts showing that they violated a federal law pursuant to a San Bernardino County policy, practice, or custom. See Monell v. Dep't of Soc. Serus., 436 U.S. 658, 690 (1978). But he has alleged only an “isolated” or “sporadic” incident, which is not enough to impose municipal liability under Monell. See Trevino v. Gates, 99 F.3d 911, 918 (9th Cir. 1996). Moreover, all three Defendants are entitled to qualified immunity in their personal capacities. Qualified immunity applies when government officials’ conduct does not violate “clearly established” constitutional rights. Pearson v. Callahan, 555 U.S. 223, 231 (2009). No federal case has “clearly established” that Plaintiff has an Eighth Amendment right to no delay in the replacement of a worn-out mattress. See, e.g., Jones v. Neven, 678 Fed. App’x 490, 493