Los Angeles County Gets One Free Day of Your Life

Mortimer v. Bacha (CA9) (here):

Plaintiffs brought this action under 42 U.S.C. § 1983 against the Los Angeles County Sheriff, Leroy Baca (“Baca”), in his official capacity. Plaintiffs allege that their civil rights were violated when they were kept in custody by the Los Angeles County Sheriff’s Department (“LASD”) for periods of time ranging from twenty-six to twenty-nine hours after the court had authorized their releases, and that their over-detentions were the result of a policy of deliberate indifference to their constitutional rights. We determine that our prior opinion in this litigation, Berry v. Baca, 379 F.3d 764 (9th Cir. 2004), did not preclude the district court from considering defendant’s motion for summary judgment on its merits, and that the court properly granted defendant’s motion for summary judgment because the proffered evidence would not support a finding of deliberate indifference.