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ORTIZ v. CITY OF IMPERIAL

Nos. 88-6569, 88-6681.

884 F.2d 1312 (1989)

Maria Amelia ORTIZ, as Administrator of the Estate of Jesus Ponce Ortiz, deceased; Maria Amelia Ortiz, individually; Diana Ortiz; and Victor Ortiz, Plaintiffs-Appellants, v. CITY OF IMPERIAL, et al., Defendants-Appellees. Maria Amelia ORTIZ, as Administrator of the Estate of Jesus Ponce Ortiz, deceased; Diana Ortiz, a minor, By and Through her Guardian Ad Litem, Maria Amelia Ortiz; Maria Amelia Ortiz, individually; and Victor J. Ortiz, Plaintiffs-Appellees, v. CITY OF IMPERIAL, et al., Defendants, and Oren R. Fox; Kenneth James Koon; Louie Brooks Anderholt; Daryl Stogner; Timothy James Salazar; Homer Everett Bias; Lee Cottrell, M.D., individually and as Director of Imperial County Health Department; Creighton Reid, M.D., Antoinette Phillips; Nancy Ellen Brown; George Beltran, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 13, 1989.

Attorney(s) appearing for the Case

Edward J. Horowitz, Los Angeles, Cal., for plaintiffs-appellants.

Michael A. San Filippo, San Diego, Cal., for defendants-appellees.

Before BROWNING, FARRIS and CANBY, Circuit Judges.

PER CURIAM:

Maria Ortiz and her children appeal from summary judgment in their 42 U.S.C. § 1983 action. The district court found as a matter of law appellees' behavior could not constitute deliberate indifference to the medical needs of Jesus Ponce Ortiz and thus appellees could not be liable for his death. We affirm as to some appellees, but conclude there was an issue of fact for the jury as to others and reverse as to them.

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