Thursday, May 14, 2026
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Ninth Circuit Revives Suit by Man Arrested for DUI When Driving Was Result of Stroke
By a MetNews Staff Writer
The Ninth U.S. Circuit Court of Appeals has ordered reinstatement of an action against Orange County and a by a man who was picked up for a DUI, although his erratic driving was actually caused by a stroke, and who was held in jail for about 20 hours—during which time at least one additional medical emergency occurred—before he was transported to a hospital, resulting in permanent brain damage.
A panel—comprised of Circuit Judges Michelle T. Friedland and Eric D. Miller, joined by District Court Judge Eric N. Vitaliano of the Eastern District of New York, sitting by designation—said in Tuesday’s memorandum opinion that District Court R. Gary Klausner of the Central District of California erred in granting summary judgment in favor of the county.
It also reversed a judgment, based on a jury verdict, in favor of the nurse, Yvette Barbari, who examined plaintiff Shawn Porio before he was jailed and failed to recognize his symptoms. The panel concluded that Klausner unreasonably limited both sides to three hours in presenting their cases.
Klausner’s Ruling
Klausner, in granting summary judgment, noted that the U.S. Supreme Court’s 1978 decision in Monell v. Department of Social Services of City of New York limits circumstances under which a local governmental entity may be held liable for a civil rights violation. He said that under Monell, an action may be maintained against such an entity if its “policies violate constitutional rights.”
The former Los Angeles Superior Court presiding judge said that Porio’s current claims are not “tethered” to the allegations of her operative pleading, explaining:
“…Plaintiff put the County on notice only of his intent to pursue Monell liability based on the policies and practices related to its officers and firefighters, not its jails or nursing staff. Yet, on summary judgment, Plaintiff now asserts Monell liability based on jail and nursing staff policies. This about-face is procedurally improper.”
Panel’s Decision
The pleading accused the county of “failing to use lawful and appropriate policies, practices, and procedures for arrestees and detainees who exhibit signs of mentally impairment that might be the result of a pathology such as a stroke rather than inebriation,” “failing to provide Plaintiff with timely, competent and appropriate medical care” and “failing to institute proper medical precautions” and other instances of dereliction.
Porio’s allegations “satisfy the pleading requirements for a claim under Monell,” the panel said.
It added that he “presented enough evidence to create a genuine issue of material fact as to that Monell claim, including, among other things, “evidence that the County had notice of policy and training deficiencies regarding medical handling of arrestees and detainees due to prior in-custody deaths and watchdog reports but took no remedial action.”
Time Limit
Addressing the three-hour limit, the judges wrote:
“In the context of this case, which presented difficult medical diagnosis, causation, and damages questions requiring expert testimony, three hours to examine witnesses was not enough for Porio to present his case. Because the time limit caused him to rush the presentation of evidence to the jury and therefore impeded his ability to meet his burden of proof, it was prejudicial to Porio. and the jury verdict cannot stand.”
Responding to Barbari’s contention that she is entitled to qualified immunity, the panel declared:
“Construing the facts in the light most favorable to Porio. a reasonable jury could find that Barbara’s failure to refer Porio to a provider was objectively unreasonable and that Barbari acted with reckless disregard for Porio’s well-being, in violation of the Fourteenth Amendment….Because a reasonable jury could find that Barbari violated Porio’s rights, and because the right was clearly established, Barbari is not entitled to qualified immunity.”
The case is Porio v. Barbari, 25-1294.
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