Brewster v. County of Shasta

ORDER

Plaintiff sues the County of Shasta and two deputies of the Shasta County Sheriffs Department alleging various violations of his constitutional rights. He argues that the County of Shasta is liable for injuries caused by the execution of the Shasta County Sheriffs policies concerning suspect arrests and crime investigations because the Sheriff is a final policymaker for County. See Monell v. Dept. of Soc. Servs., 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). The County moves for summary judgment and contends that California sheriffs represent the state and not the county when they effectuate arrests and investigate crimes, and thus the County cannot be held liable under 42 U.S.C. § 1983 for plaintiffs alleged injuries. Below, I resolve that claim. As I now explain, however, the law relative to this issue is less than pellucid.

It is established that states are not amenable to suit under § 1983. See Will v. Michigan Dept, of State Police, 491 U.S. 58, 71 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989). It is equally well established, however, that county governments and their law enforcement agencies may be sued for damages under the Civil Rights Act of 1871. See…