Legal Opinion · Concurring in part, dissenting in part

Jonathon Castro v. County of Los Angeles

Court of Appeals for the Ninth Circuit

Decided August 11, 2015No. 12-56829Published

1Concurring in part, dissenting in partGraber, Circuit Judge

I join the majority opinion, with the exception of Part II.D.2. I respectfully dissent from the holding that there was insufficient evidence from which the jury could have concluded that the entity Defendants were deliberately indifferent to the risk that Plaintiff would be harmed by a fellow inmate. I also write separately because the Supreme Court’s recent decision in Kingsley v. Hendrickson, — U.S. -, 135 S.Ct. 2466, 192 L.Ed.2d 416 (2015), calls into question our precedent on the appropriate state-of-mind inquiry in failure-to-protect claims brought by pretrial detainees.

A. • The entity…

2Cases cited16 opinions

  1. Board of the County Commissioners of Bryan County v. BrownSupreme Court of the United States · 1997
  2. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
  3. Farmer v. BrennanSupreme Court of the United States · 1994
  4. Graham v. ConnorSupreme Court of the United States · 1989
  5. Hudson v. McMillianSupreme Court of the United States · 1992

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