Jonathon Castro v. County of Los Angeles
Court of Appeals for the Ninth Circuit
1Concurring in part, dissenting in partGraber, Circuit Judge
I join the majority opinion, with the exception of Part 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.
In Farmer v. Brennan, 511 U.S. 825, 841, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994), the Supreme Court acknowledged that “considerable conceptual difficulty would attend any search for the subjective state of mind of a governmental entity, as distinct from that of a governmental official.” This case…
2Cases cited6 opinions
- Farmer v. BrennanSupreme Court of the United States · 1994
- Gibson v. County of Washoe, NevadaCourt of Appeals for the Ninth Circuit · 2002
- Board of the County Commissioners of Bryan County v. BrownSupreme Court of the United States · 1997
- Santa Monica Food Not Bombs v. City of Santa MonicaCourt of Appeals for the Ninth Circuit · 2006
- Owen v. City of IndependenceSupreme Court of the United States · 1980
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