Zhang

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

10 JACQUELINE ZHANG, Case No. 17-CV-00007-LHK 11 Plaintiff,

ORDER RE: VICARIOUS AND

RESPONDEAT SUPERIOR LIABILITY v.

COUNTY OF MONTEREY, MONTEREY

COUNTY RESOURCE MANAGEMENT AGENCY, and MONTEREY COUNTY PARKS DEPARTMENT,

Defendants.

17 Plaintiff’s proposed jury instructions include an “Instruction to Vicarious Responsibility.” 18 ECF No. 149, at 76. Plaintiff argues that vicarious and respondeat superior liability are applicable 19 to the instant case because of statements made and actions taken by Mark Mariscal (“Mariscal”) 20 and approved by Nick Chiulos (“Chiulos”). Id. at 79. Below, the Court briefly addresses 21 vicarious and respondeat superior liability. 22 First, under Section 1983, a municipality is liable for a constitutional injury only where the 23 municipality itself caused the injury through “execution of a government’s policy or custom, 24 whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent 25 official policy.” Monell v. Dep’t of Soc.…