BRUNIUS

In response to a complaint filed by the People of the State of California ex rel. Controller Steve Westly, to recover surface mine inspection costs from mine operators pursuant to the Surface Mining and Reclamation Act of 1975 (Pub. Resources Code, § 2710 et seq. (SMARA)), defendants/cross-complainants Loring Brunius and Thelma Brunius, doing business as Sierra Rock, filed a cross-complaint, alleging violation of civil rights ( 42 U.S.C. § 1983 ), against cross-defendants—the State Mining and Geology Board (the Mining Board), Mining Board members (Brian Baca, Robert Griego, Larry Fanning, Robert Hablitzel, Julian C. Isham, Allen M. Jones, Richard Ramirez, and Robert Tepel), Mining Board agent Stephen Testa, and Mining Board employee John Parrish. The trial court sustained cross-defendants’ demurrer to the cross-complaint on the ground that the state and its officers are immune from section 1983 claims. Cross-complainants appeal from the judgment dismissing their cross-complaint, contending cross-defendants were acting as county actors under SMARA rather than state actors at the time in question. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In October…