Pierce

I. Introduction

After members of the San Mateo County Sheriff’s Gang Task Force allegedly conducted a warrantless search of her home, plaintiff and appellant Treyana Pierce filed this civil rights action under title 42 United States Code section 1983 (section 1983) against the San Mateo County Sheriff’s Department (Sheriff’s Department) and individual members of the gang task force, sued as Does 1 through 12. San Mateo County (appearing for the Sheriff’s department) successfully demurred to Pierce’s third amended complaint and procured a complete dismissal of the case. We agree the case was properly dismissed as to the County, although for reasons different than relied on by the trial court. We reverse, however, as to the individual Doe defendants, none of whom appeared, and who, apparently, have never been served.

We publish this opinion in hopes of eliminating some of the confusion that has arisen in the California courts as to the interplay between the statutory language of section 1983 (which imposes liability only on “persons”) and the scope and import of the Eleventh Amendment to the United States Constitution. On appeal, the County has argued the Sheriff’s…