Heffington

Plaintiff appeals from a judgment of dismissal as to the defendant County of Stanislaus after the latter’s demurrer to plaintiff’s ninth cause of action was sustained without leave to amend. The county is the sole defendant in the ninth cause of action. There are eight other causes of action against defendants other than the county which are not at issue in this appeal.

The action is one commonly labeled a “civil rights action” under 42 United States Code section 1983 .

Plaintiff alleged four separate violations of his constitutional rights. On an unspecified date, he was interrogated without being given his Miranda rights. On October 12, 1977, his residence was searched pursuant to an invalid search warrant, and $4,000 in cash was unlawfully seized. On November 23,1977, he was arrested without probable cause. Finally, on July 31, 1978, he was assaulted by a police officer in contravention of the Fourth Amendment.

The issue is whether the averments are sufficient to state a cause of action against the county. The critical allegations are contained in paragraphs U and HI of the ninth cause of action which in relevant part state:

Initially, the county contends that…