NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 2 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
ESTATE OF BRANDON TRANBERG- No. 24-6832 HOADLEY, by and through his successors D.C. No. in interest, Melanie Tranberg and Mark 2:22-cv-02334-FWS-AS Hoadley; MELANIE TRANBERG; MARK HOADLEY, MEMORANDUM*
Plaintiffs - Appellees,
v.
CITY OF GARDENA,
Defendant - Appellant,
GARDENA POLICE DEPARTMENT, LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, ROCIO MARTIN-LEAL, AKA Doe 9, DOES, 1 through 5, 10, COUNTY OF LOS ANGELES, VICTOR SALDANA, AKA Doe 6, MICHAEL SPINOSA, AKA Doe 7, GUILLERMO TINOCO, AKA Doe 8,
Defendants.
ESTATE OF BRANDON TRANBERG- No. 24-6835 HOADLEY; MELANIE TRANBERG; MARK HOADLEY,
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiffs - Appellees, D.C. No. 2:22-cv-02334-FWS-AS v.
ROCIO MARTIN-LEAL, AKA Doe 9,
CITY OF GARDENA, VICTOR SALDANA, AKA Doe 6, MICHAEL SPINOSA, AKA Doe 7, GUILLERMO TINOCO, AKA Doe 8, GARDENA POLICE DEPARTMENT, COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, DOES, 1 through 5, 10,
Appeal from the United States District Court for the Central District of California Fred W. Slaughter, District Judge, Presiding
Argued and Submitted April 24, 2026 Pasadena, California
Before: FRIEDLAND and MILLER, Circuit Judges, and TRAUM, District Judge;** Dissent by Judge Traum.
This § 1983 action arises from the suicide of Brandon Tranberg-Hoadley
while he was detained at a city jail. Tranberg-Hoadley’s parents and his estate
(collectively, “Plaintiffs”) allege that Defendant Rocio Martin-Leal was
** The Honorable Anne R. Traum, United States District Judge for the District of Nevada, sitting by designation.
2 24-6832 deliberately indifferent to Tranberg-Hoadley’s risk of suicide in violation of the
Fourteenth Amendment. Plaintiffs further allege that Martin-Leal is liable for
wrongful death under state law and that Defendant City of Gardena (the “City”) is
vicariously liable for wrongful death.
Martin-Leal appeals the district court’s denial of summary judgment on
qualified immunity. Both Defendants appeal the denial of Martin-Leal’s statutory
defense under California Government Code § 845.6 to Plaintiffs’ wrongful death
claim, and the City appeals the denial of summary judgment on the merits of the
wrongful death claim. Reviewing de novo, Moore v. Garnand, 83 F.4th 743, 749
(9th Cir. 2023), we reverse the district court’s denial of qualified immunity and
dismiss the remainder of Defendants’ appeal.
1. We have jurisdiction to review Martin-Leal’s appeal of the district court’s
denial of qualified immunity. Where, as here, an interlocutory appeal “raises
purely legal questions . . . such as whether [the officer’s] alleged conduct violated
clearly established law,” we have jurisdiction to “review those issues” under the
collateral order doctrine. Est. of Anderson v. Marsh, 985 F.3d 726, 731 (9th Cir.
2021). In doing so, we must “assum[e] the facts as alleged by [plaintiffs] to be
true.” Moore, 83 F.4th at 748 (citation modified).
By contrast, we lack jurisdiction to review Defendants’ appeal of the district
court’s denial of summary judgment on the state law issues because that denial is
3 24-6832 not an appealable collateral order. With respect to Defendants’ § 845.6 defense,
“[f]or claims of immunity under state law, the availability of an interlocutory
appeal depends on whether, under state law, the immunity functions as an
immunity from suit or only as a defense to liability.” Hampton v. California, 83
F.4th 754, 771-72 (9th Cir. 2023) (citation modified). Section 845.6 is part of the
California Government Claims Act. We have held “that the Government Claims
Act immunities . . . are defenses to liability, not immunities from suit.” Id. at 772-
73. Accordingly, Defendants “cannot invoke the collateral order doctrine to
immediately appeal the district court’s rejection of [their] state law defense[].” Id.
at 773.
Nor does pendent jurisdiction provide a basis to review the state law issues.
We may exercise pendent jurisdiction over “an otherwise non-appealable ruling”
when the ruling is “inextricably intertwined with an order properly before us.”
Williams v. City of Sparks, 112 F.4th 635, 646 (9th Cir. 2024) (citation modified).
As explained, the only order properly before us is the denial of qualified immunity.
But the qualified immunity issue is not intertwined with the merits of the wrongful
death claim or Defendants’ § 845.6 defense. Those state law issues turn on
whether Martin-Leal acted negligently, whereas the qualified immunity inquiry
turns on whether the law applicable to Martin-Leal’s conduct was clearly
established.
4 24-6832 2. With respect to Plaintiffs’ federal claims, we conclude that Martin-Leal is
entitled to qualified immunity. “Government officials enjoy qualified immunity
from suit under § 1983 unless their conduct violates clearly established law.” Zorn
v. Linton, 146 S. Ct. 926, 930 (2026) (per curiam). “To find that a right is clearly
established, courts generally need to identify a case where an officer acting under
similar circumstances was held to have violated the Constitution.” Id. (citation
modified). In the context of jail-suicide cases specifically, we have held that it is
“critical whether our case law had, at the time of the events in [question],
sufficiently clarified when a detainee’s imminent risk of suicide was substantial
enough to require immediate attention.” Horton by Horton v. City of Santa Maria,
915 F.3d 592, 600 (9th Cir. 2019).
That standard is not met here. We have denied qualified immunity to
officers in several cases for alleged deliberate indifference to detainees’ risk of
suicide or other latent medical needs, but even taking Plaintiffs’ version of events
as true, those cases “do not at all resemble this case.” Id. at 601; see Conn v. City
of Reno, 572 F.3d 1047, 1052, 1062 (9th Cir. 2009) (denying qualified immunity to
officers who took no action after witnessing a suicidal detainee attempt to strangle
herself); Clouthier v. County of Contra Costa, 591 F.3d 1232, 1237-39, 1244-45
(9th Cir. 2010) (denying qualified immunity to a mental health specialist who
removed a detainee from suicide watch despite being advised by another mental-
5 24-6832 health specialist that he was “truly suicidal” and had repeatedly attempted
suicide);1 Sandoval v. County of San Diego, 985 F.3d 657, 662–64, 670 (9th Cir.
2021) (denying qualified immunity to jail’s nurses who were aware of a detainee’s
medical risk but left him unmonitored in a medical observation cell “for nearly
eight hours” and failed to timely summon emergency care after they discovered
him seizing).2
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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 2 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
ESTATE OF BRANDON TRANBERG- No. 24-6832 HOADLEY, by and through his successors D.C. No. in interest, Melanie Tranberg and Mark 2:22-cv-02334-FWS-AS Hoadley; MELANIE TRANBERG; MARK HOADLEY, MEMORANDUM*
Plaintiffs - Appellees,
v.
CITY OF GARDENA,
Defendant - Appellant,
GARDENA POLICE DEPARTMENT, LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, ROCIO MARTIN-LEAL, AKA Doe 9, DOES, 1 through 5, 10, COUNTY OF LOS ANGELES, VICTOR SALDANA, AKA Doe 6, MICHAEL SPINOSA, AKA Doe 7, GUILLERMO TINOCO, AKA Doe 8,
Defendants.
ESTATE OF BRANDON TRANBERG- No. 24-6835 HOADLEY; MELANIE TRANBERG; MARK HOADLEY,
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Plaintiffs - Appellees, D.C. No. 2:22-cv-02334-FWS-AS v.
ROCIO MARTIN-LEAL, AKA Doe 9,
CITY OF GARDENA, VICTOR SALDANA, AKA Doe 6, MICHAEL SPINOSA, AKA Doe 7, GUILLERMO TINOCO, AKA Doe 8, GARDENA POLICE DEPARTMENT, COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF'S DEPARTMENT, DOES, 1 through 5, 10,
Appeal from the United States District Court for the Central District of California Fred W. Slaughter, District Judge, Presiding
Argued and Submitted April 24, 2026 Pasadena, California
Before: FRIEDLAND and MILLER, Circuit Judges, and TRAUM, District Judge;** Dissent by Judge Traum.
This § 1983 action arises from the suicide of Brandon Tranberg-Hoadley
while he was detained at a city jail. Tranberg-Hoadley’s parents and his estate
(collectively, “Plaintiffs”) allege that Defendant Rocio Martin-Leal was
** The Honorable Anne R. Traum, United States District Judge for the District of Nevada, sitting by designation.
2 24-6832 deliberately indifferent to Tranberg-Hoadley’s risk of suicide in violation of the
Fourteenth Amendment. Plaintiffs further allege that Martin-Leal is liable for
wrongful death under state law and that Defendant City of Gardena (the “City”) is
vicariously liable for wrongful death.
Martin-Leal appeals the district court’s denial of summary judgment on
qualified immunity. Both Defendants appeal the denial of Martin-Leal’s statutory
defense under California Government Code § 845.6 to Plaintiffs’ wrongful death
claim, and the City appeals the denial of summary judgment on the merits of the
wrongful death claim. Reviewing de novo, Moore v. Garnand, 83 F.4th 743, 749
(9th Cir. 2023), we reverse the district court’s denial of qualified immunity and
dismiss the remainder of Defendants’ appeal.
1. We have jurisdiction to review Martin-Leal’s appeal of the district court’s
denial of qualified immunity. Where, as here, an interlocutory appeal “raises
purely legal questions . . . such as whether [the officer’s] alleged conduct violated
clearly established law,” we have jurisdiction to “review those issues” under the
collateral order doctrine. Est. of Anderson v. Marsh, 985 F.3d 726, 731 (9th Cir.
2021). In doing so, we must “assum[e] the facts as alleged by [plaintiffs] to be
true.” Moore, 83 F.4th at 748 (citation modified).
By contrast, we lack jurisdiction to review Defendants’ appeal of the district
court’s denial of summary judgment on the state law issues because that denial is
3 24-6832 not an appealable collateral order. With respect to Defendants’ § 845.6 defense,
“[f]or claims of immunity under state law, the availability of an interlocutory
appeal depends on whether, under state law, the immunity functions as an
immunity from suit or only as a defense to liability.” Hampton v. California, 83
F.4th 754, 771-72 (9th Cir. 2023) (citation modified). Section 845.6 is part of the
California Government Claims Act. We have held “that the Government Claims
Act immunities . . . are defenses to liability, not immunities from suit.” Id. at 772-
73. Accordingly, Defendants “cannot invoke the collateral order doctrine to
immediately appeal the district court’s rejection of [their] state law defense[].” Id.
at 773.
Nor does pendent jurisdiction provide a basis to review the state law issues.
We may exercise pendent jurisdiction over “an otherwise non-appealable ruling”
when the ruling is “inextricably intertwined with an order properly before us.”
Williams v. City of Sparks, 112 F.4th 635, 646 (9th Cir. 2024) (citation modified).
As explained, the only order properly before us is the denial of qualified immunity.
But the qualified immunity issue is not intertwined with the merits of the wrongful
death claim or Defendants’ § 845.6 defense. Those state law issues turn on
whether Martin-Leal acted negligently, whereas the qualified immunity inquiry
turns on whether the law applicable to Martin-Leal’s conduct was clearly
established.
4 24-6832 2. With respect to Plaintiffs’ federal claims, we conclude that Martin-Leal is
entitled to qualified immunity. “Government officials enjoy qualified immunity
from suit under § 1983 unless their conduct violates clearly established law.” Zorn
v. Linton, 146 S. Ct. 926, 930 (2026) (per curiam). “To find that a right is clearly
established, courts generally need to identify a case where an officer acting under
similar circumstances was held to have violated the Constitution.” Id. (citation
modified). In the context of jail-suicide cases specifically, we have held that it is
“critical whether our case law had, at the time of the events in [question],
sufficiently clarified when a detainee’s imminent risk of suicide was substantial
enough to require immediate attention.” Horton by Horton v. City of Santa Maria,
915 F.3d 592, 600 (9th Cir. 2019).
That standard is not met here. We have denied qualified immunity to
officers in several cases for alleged deliberate indifference to detainees’ risk of
suicide or other latent medical needs, but even taking Plaintiffs’ version of events
as true, those cases “do not at all resemble this case.” Id. at 601; see Conn v. City
of Reno, 572 F.3d 1047, 1052, 1062 (9th Cir. 2009) (denying qualified immunity to
officers who took no action after witnessing a suicidal detainee attempt to strangle
herself); Clouthier v. County of Contra Costa, 591 F.3d 1232, 1237-39, 1244-45
(9th Cir. 2010) (denying qualified immunity to a mental health specialist who
removed a detainee from suicide watch despite being advised by another mental-
5 24-6832 health specialist that he was “truly suicidal” and had repeatedly attempted
suicide);1 Sandoval v. County of San Diego, 985 F.3d 657, 662–64, 670 (9th Cir.
2021) (denying qualified immunity to jail’s nurses who were aware of a detainee’s
medical risk but left him unmonitored in a medical observation cell “for nearly
eight hours” and failed to timely summon emergency care after they discovered
him seizing).2
By contrast, Martin-Leal received vague and inconsistent information
regarding Tranberg-Hoadley’s risk of suicide. In the course of bringing Tranberg-
Hoadley to his cell, the arresting officer informed Martin-Leal that Tranberg-
Hoadley’s “girlfriend said that [Tranberg-Hoadley has] had suicidal thoughts” and
that “the girlfriend also said that he has a past of tryin[g] to hurt himself,” but at
the same time, the officer relayed to Martin-Leal that Tranberg-Hoadley “said he
was not suicidal and that the deputies [who initially interviewed him] had said he
was not suicidal after [they] ask[ed] [him].” Tranberg-Hoadley then committed
1 Both Conn and Clouthier were overruled on other grounds by Castro v. County of Los Angeles, 833 F.3d 1060, 1070 (9th Cir. 2016) (en banc). 2 We reject Plaintiffs’ alternative argument that Martin-Leal violated Tranberg-Hoadley’s constitutional rights by failing to complete the jail’s medical screening forms in accordance with the jail’s policies. See Cousins v. Lockyer, 568 F.3d 1063, 1070 (9th Cir. 2009) (explaining that “there is no § 1983 liability for violating prison policy” (citation modified)); cf. Taylor v. Barkes, 575 U.S. 822, 826 (2015) (per curiam) (explaining that there is no recognized “right to the proper implementation of adequate suicide prevention protocols”).
6 24-6832 suicide minutes after they placed him in his cell. Our cases could not have placed
Martin-Leal on notice that “a reasonable officer, knowing what [Martin-Leal]
knew, would have understood that failing to check on [Tranberg-Hoadley]
immediately after” placing him in his cell “presented such a substantial risk of
harm to [Tranberg-Hoadley] that the failure to act was unconstitutional.” Horton,
915 F.3d at 600.
REVERSED in part; DISMISSED in part. The parties shall bear their own
costs on appeal.
7 24-6832 FILED Estate of Tranberg-Hoadley v. City of Gardena, 24-6832 JUN 2 2026
Traum, A., dissenting: MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS
I respectfully disagree with my colleagues on the issue of qualified
immunity because Officer Martin-Leal knew that Tranberg-Hoadley presented a
risk of imminent suicide when she left him in a remote cell and then failed to check
on him for 48 minutes. A reasonable officer in her position would have understood
that risk “presented such a substantial risk of harm [to the detainee] that the failure
to act was unconstitutional.” Horton ex rel. Horton v. City of Santa Maria, 915
F.3d 592, 600 (9th Cir 2019); Sandoval v. Cnty of San Diego, 985 F.3d 657, 678
(9th Cir. 2021) (quoting Horton, 915 F.3d at 600).
Viewing the facts in the light most favorable to Tranberg-Hoadley, as we
must on a motion for summary judgment, the record supports an inference that
Martin-Leal knew that Tranberg-Hoadley was suicidal before she left him in a
remote cell at “the back of the jail and outside of [her] observation.” Martin-Leal
was present when Tranberg-Hoadley said he was on methadone, “‘already
depressed as hell,’” “going through withdrawals” from heroin, having trouble
breathing, and said his withdrawals “would only get worse.” Officer Victor
Saldana, the arresting officer, accompanied Martin-Leal and Tranberg-Hoadley to
the remote cell. Saldana told Martin-Leal “[a]t least three times” that Tranberg-
1 Hoadley was a suicide risk—on the way to the remote cell, at the cell, and after
they left Tranberg-Hoadley there.
A reasonable officer would have understood, and Martin-Leal herself
acknowledged, that Tranberg-Hoadley’s risk of suicide was imminent. When, at the
cell, Saldana asked, “[d]o you want him in a jumpsuit?” Martin-Leal answered,
“[n]o, he can hang himself with that.” This shows that Martin-Leal perceived the
risk of suicide to be imminent before she left him in the cell. Minutes later in her
office, Martin-Leal confirmed that “because of the past suicide attempts,”
Tranberg-Hoadley would be a “county run,” meaning he would need to be
transferred to the county jail for more intensive medical attention. Any reasonable
officer would have concluded, as did Martin-Leal, that Tranberg-Hoadley was at
risk of killing himself at any minute.
These facts make this case different from Horton. The officer in Horton did
not know the detainee was suicidal when he arrested, booked, and then placed him
in a cell. 15 F.3d at 597-598. The officer then called the detainee’s mother, who
told him her son had been suicidal two weeks earlier and may still be. Id. at 597-
598. After the call, the officer turned to paperwork to transfer the detainee instead
of immediately checking on him. Id. at 598. The detainee hanged himself during
the call and the officer checked on him some 12-15 minutes after the call. Id. at
598 n.5. The plaintiff in Horton did not argue that leaving the detainee in the cell in 2 the first instance was unconstitutional, nor could they have. That is the issue here
because Martin-Leal knew that Tranberg-Hoadley was imminently suicidal when
she left him at the cell and, despite knowing this, walked away, busied herself with
other matters, and then failed to return for 48 minutes.
Neither Horton nor this Court’s precedents support qualified immunity here.
“It is clearly established that the Eighth Amendment protects against deliberate
indifference to a detainee's serious risk of suicide.” Conn v. City of Reno, 572 F.3d
1047, 1062 (2009). Though Horton did not fit that rule, this case does. The absence
of an identical case on point is not fatal because an officer is not entitled to
qualified immunity “simply because ‘the very action in question has not previously
been held unlawful.’” Sandoval, 985 F.3d at 680 (quoting Anderson v. Creighton,
483 U.S. 635, 640 (1987)); D’Braunstein v. California Highway Patrol, 131 F.4th
764, 773 (9th Cir. 2025) (same). While qualified immunity may be a closer call if
the officer “made some efforts” to address the medical risk at hand, D’Braunstein,
131 F.4th at 773, the officer is not entitled to immunity when they “did nothing,”
id., or their efforts were “almost non-existent.” Sandoval, 985 F.3d at 679. Because
a reasonable officer in Martin-Leal’s position would have understood that leaving
Tranberg-Hoadley alone and unobserved in a remote cell for 48 minutes was
unconstitutional, I would affirm the district court’s denial of qualified immunity.