In a 42 U.S.C. section 1983 action alleging that plaintiffs were wrongfully detained in jail for periods of time ranging from twenty-six to twenty-nine hours after the court had authorized their releases, summary judgment for defendant is affirmed where: 1) the district court was not foreclosed on a prior remand from reviewing defendant's proffered evidence concerning deliberate indifference and ruling on the motion for summary judgment on its merits; and 2) given the Los Angeles Sheriff's Department's many affirmative efforts to remedy the problem, the evidence in the record did not support a finding of a policy of deliberate indifference.
Argued and Submitted August 7, 2009
Filed February 5, 2010
Opinion by Judge Callahan