NAVARRO V. BLOCK 72 F.3d 712 (9th Cir. 1995) CASE BRIEF

NAVARRO V. BLOCK

72 F.3d 712 (9th Cir. 1995)

NATURE OF THE CASE: This was a wrongful death action. Navarro (Ps), relatives of decedent, sought review of the decision of the United States District Court, which granted summary judgment in favor of Block (Ds), county and its sheriff, in Ps' action under 42 U.S.C.S. 1983. Ps alleged that Ds had discriminatory policies and a custom of according lower priority to 911 calls related to domestic violence than non-domestic violence calls.

FACTS: Maria was celebrating her birthday with her relatives and friends in her home in East Los Angeles when she received a telephone call from the brother of her estranged husband, Raymond Navarro, warning her that Raymond was on his way to her house to kill her and any others present. Maria immediately dialed 911 to request emergency assistance. She told the 911 dispatcher that she had just received a warning that her estranged husband was on his way to kill her, that she believed that he was in fact on his way to kill her, and that he was under a restraining order. When she stated that her estranged husband had not yet arrived, but that she believed he would definitely come to her house. The dispatcher told her to call back when he actually gets there. Fifteen minutes after the 911 call, Raymond Navarro entered through the rear of Maria Navarro's house, shot and killed Maria Navarro and four other people, and injured two others. Ps filed this action claiming that it was the policy and custom of the Sheriff's Department, which administers the 911 emergency system, not to classify requests for assistance relating to domestic violence as an 'emergency.' This of course discriminates against abused women and violates the Fourteenth Amendment to the United States Constitution. Ds filed a motion for summary judgment. The district court granted the motion, concluding that Ps failed to offer any evidence of a policy or custom of treating domestic violence 911 calls differently from non-domestic violence 911 calls, nor any evidence of a County policy or custom of depriving residents in minority neighborhoods of equal police protection, nor any evidence of the Sheriff's deliberate or conscious indifference to the rights of abused women or residents in minority neighborhoods. Ps appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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