FILED
NOT FOR PUBLICATION
APR 26 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
OMAR CHAVEZ, No. 15-17287
Plaintiff-Appellant, D.C. No. 3:14-cv-05038-MEJ
v.
MEMORANDUM*
CITY OF PETALUMA; et al.,
Defendants,
and
COUNTY OF SONOMA and STEVE
FREITAS, Sonoma County Sheriff,
individually and in his official capacity,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of California
Maria-Elena James, Magistrate Judge, Presiding
Argued and Submitted April 19, 2017
San Francisco, California
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
Before: REINHARDT and TASHIMA, Circuit Judges, and MOLLOY,** District
Judge.
Omar Chavez was detained in the Sonoma County Jail for more than 60 days
on a parole hold when, in fact, he was not on parole. He appeals from the district
court’s dismissal of his claims under 42 U.S.C. § 1983 seeking relief against the
County of Sonoma and Sheriff Steve Freitas for violating his rights under the Due
Process Clause.
The district court dismissed Chavez’s First Amended Complaint, among
other reasons, because the complaint did not plausibly allege facts to support
liability for the County under Monell v. Department of Social Serv., 436 U.S. 658
(1978), and because Sheriff Freitas was immune from suit in his personal capacity.
In his briefs on appeal, Chavez did not contest either the Monell ruling or the
immunity ruling. Accordingly, the judgment of the district court is AFFIRMED.
**
The Honorable Donald W. Molloy, United States District Judge for
the District of Montana, sitting by designation.
2