9th Cir.;
12-56623

The court of appeals affirmed a district court judgment of dismissal. The court held that a plaintiff failed to allege a violation of her constitutional rights where she maintained that she was sexually assault by a county deputy sheriff as a proximate result of the county’s and the sheriff’s failure to train deputies that they should not sexually assault women with whom they come into contact. The court held that the plaintiff’s allegations did not establish deliberate indifference to the risk of sexual assault by deputies on members of the public, or that the assault was a known or obvious consequence of the alleged lack of deputy training. In addition, the court held that where state law already prohibited sexual assault, and absent any pattern of sexual assaults by deputies, the alleged failure to train not to commit sexual assault did not state a plausible claim on its face.