Plaintiff Mortimer was a detainee at the Los Angeles County Jail pending trial on a rape charge. On August 14, 2000, Mortimer was acquitted by a jury and released from jail twenty nine hours after the entry of a court order authorizing his release. Plaintiff subsequently sued Sheriff Leroy Baca claiming a policy or custom of deliberate indifference which caused a violation of his constitutional right to be released within a reasonable time after the basis for his detention had ended. Notwithstanding the Ninth Circuit’s pronouncements about Plaintiff’s alleged over-detention in Berry v. Baca, 379 F.3d 764 (9th Cir. 2004), the “law of the case” doctrine did not preclude the District Court from entertaining Baca’s motion for summary judgment since the Ninth Circuit did not directly address the issue of deliberate indifference and since substantially different evidence was adduced in the subsequent motion, a recognized exception to the “law of the case” doctrine. The District Court considered a variety of measures taken by the Sheriff’s Department designed to reduce the time necessary to release inmates and concluded that the evidence did not support a finding that Plaintiff’s over-detention was the result of a set of policies-or lack of policies-that amounted to a policy of deliberate indifference. Consequently Sheriff Baca could not be held liable in his official capacity. See Mortimer v. Baca, 594 F.3d 714 (9th Cir. 2010).

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