Hyrum West v. Nye County Detention
690 F. App'x 938
| 9th Cir. | 2017Background
- Plaintiff Hyrum Joseph West, a former pretrial detainee, sued under 42 U.S.C. § 1983 alleging medical deliberate indifference and unconstitutional conditions of confinement at Nye County facilities.
- Defendants included Nye County and individual jail officials (Demeo, Marshall, Rising, and others); suit included individual- and official-capacity claims and municipal liability theories.
- District court granted summary judgment to defendants on most claims; West appealed pro se. Ninth Circuit reviewed de novo.
- Key factual contention on appeal: county policy or custom of using the old Pahrump jail during construction despite alleged inhumane conditions (rust, black mold, asbestos) that affected West.
- Discovery disputes: West sought additional discovery and leave to amend to add county commissioners; magistrate denied some discovery motions and the district court denied amendment and certain discovery extensions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Medical deliberate indifference (pretrial detainee) | West argued defendants ignored serious medical needs | Defendants argued treatment differences/neglect did not amount to constitutional deliberate indifference | Affirmed: no genuine dispute that defendants knew and disregarded an excessive risk; plaintiff failed to show deliberate indifference |
| Conditions of confinement — individual-capacity (Demeo, Marshall, Rising) | West claimed these officers knew of inhumane conditions and risk to health | Defendants denied awareness or that conditions rose to constitutional harm | Affirmed: no triable issue that officers were subjectively aware and disregarded substantial risk |
| Municipal liability re: medical screening and delayed treatment policies | West alleged county policy/custom caused failure to screen and delayed care | County argued no such policies or customs established | Affirmed: plaintiff failed to show a policy or custom causing these injuries |
| Municipal liability re: use of old Pahrump jail during construction (rust, mold, asbestos) | West argued county maintained policy/custom of using an inhumane facility, showing municipal deliberate indifference | County relied on discovery responses that individual defendants were unaware of inhumane conditions | Vacated and remanded: triable issue exists whether county policy/custom in using the old jail caused injury and reflected objective deliberate indifference |
| Leave to amend to add county commissioners | West sought to add commissioners as defendants | County opposed as untimely and undue prejudice | Affirmed: district court did not abuse discretion denying leave to amend |
| Discovery rulings (motions to compel, extension) | West sought more discovery and time | Defendants defended magistrate and district rulings; West did not object timely on some orders | Affirmed: district court did not clearly err; West forfeited appellate review of some discovery orders by failing to object |
Key Cases Cited
- Toguchi v. Chung, 391 F.3d 1051 (9th Cir.) (standards for medical deliberate indifference)
- Lolli v. County of Orange, 351 F.3d 410 (9th Cir.) (pretrial detainee claims analyzed under Fourteenth Amendment; similar standards to Eighth Amendment)
- Castro v. County of Los Angeles, 833 F.3d 1060 (9th Cir.) (municipal liability and failure-to-protect elements for pretrial detainees)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (subjective awareness and disregard standard for conditions claims)
- Monell v. Department of Social Services, 436 U.S. 658 (U.S. 1978) (municipal liability for constitutional violations by policy or custom)
- Starr v. Baca, 652 F.3d 1202 (9th Cir.) (supervisory liability requires knowledge and acquiescence)