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Nowak v. Clark County

United States Court of Appeals, Ninth Circuit
May 1, 2008
276 F. App'x 625 (9th Cir. 2008)

Opinion

No. 06-16166.

Argued and Submitted April 18, 2008.

Filed May 1, 2008.

Harold P. Gewerter, Esq., Harold P. Gewerter, Esq., Ltd., Allen Lichtenstein, Esq., Kristina S. Holman, Esq., Las Vegas, NV, for Plaintiffs-Appellants.

Carolyn C. Campbell, Clark County District Attorney's Office, Criminal Division, Las Vegas, NV, Eva Garcia-Mendoza, Esq., Luther M. Snavely, Esq., Garcia-Mendoza Snavely Chtd., Las Vegas, NV, for Defendant-Appellee.

Appeal from the United States District Court for the District of Nevada, James C. Mahan, District Judge, Presiding. D.C. Nos. CV-02-00709-JCM/LRL, CV-03-01430-JCM/PAL, CV-04-01314-JCM/ PAL.

Before: KOZINSKI, Chief Judge, N.R. SMITH, Circuit Judge, and OTERO, District Judge.

The Honorable Jane A. Restani, Chief Judge, United States Court of International Trade, sitting by designation.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


There's no evidence that covert videotaping of police locker rooms was a "longstanding practice or custom which constitutes the standard operating procedure" of Clark County. Menotti v. City of Seattle, 409 F.3d 1113, 1147 (9th Cir. 2005) (internal quotation marks omitted). Nor have plaintiffs set forth any facts to show that Chief Broderick, "as a matter of state law," had "final policymaking authority" over covert videotaping of the locker room. Id. And although Broderick consulted with Glenn Towbridge and Barbara King as to the installation of the camera, plaintiffs waived any argument that Towbridge or King had final policymaking authority over the Park Police as a matter of state law by not raising this issue before the district court. Plaintiffs have therefore not shown a material dispute of fact as to whether Clark County is liable for Broderick's actions under Monell v. Department of Social Services, 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).

AFFIRMED.


Summaries of

Nowak v. Clark County

United States Court of Appeals, Ninth Circuit
May 1, 2008
276 F. App'x 625 (9th Cir. 2008)
Case details for

Nowak v. Clark County

Case Details

Full title:Ron NOWAK, Jr.; Bill Foy; Wade Barnhart; Rick Binyons; John L. Enright…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 1, 2008

Citations

276 F. App'x 625 (9th Cir. 2008)