Legal Opinion · Dissent
Starr v. Baca
Court of Appeals for the Ninth Circuit
Decided July 25, 2011No. 09-55233Published
1DissentTrott, Circuit Judge
I respect my experienced colleagues’ evaluation of Starr’s final complaint, but my view of it is different. In the main, his complaint has all the hallmarks of an attempted end run around the prohibition against using the vicarious liability doctrine of respondeat superior to get at the boss.
Judge Fletcher accurately describes what Starr must allege to support an actionable claim of individual supervisory liability for deliberate indifference, but I respectfully disagree that Starr’s complaint measures up to that standard. Yes, we have held that “acquiescence or culpable indifference” may…
2Cases cited8 opinions
- Johnson v. DuffyCourt of Appeals for the Ninth Circuit · 1978
- Donald Robin BARREN, Plaintiff-Appellant, v. Tom HARRINGTON, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1998
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Clifton Redman v. County of San Diego Capt. Richard Beall Lt. Robert Witcraft Sgt. Dan Canfield Deputy Gene Turner, and Does I Through Xx, InclusiveCourt of Appeals for the Ninth Circuit · 1991
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