Rafael Sandoval v. County of Sonoma

Good Law
599 F. App'x 673
United States Court of Appeals for the Ninth CircuitMarch 27, 201513-15250California588 words

Opinion

Opinion

ORDER

The memorandum filed on February 17, 2015, is hereby amended. An amended memorandum is filed concurrently -with this order.

With these amendments, the panel has voted to deny the petition for panel rehearing.

The full court has been advised of the petition for rehearing and rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for panel rehearing and petition for rehearing en banc are DENIED. No further petitions for en banc or panel rehearing shall be permitted.

AMENDED MEMORANDUM

The County of Sonoma, the Sonoma County Sheriffs Office, and Sonoma Coun ty Sheriff-Coroner Steve Freitas appeal the district court’s denial of their motion to dismiss this 42 U.S.C. § 1988 suit. We have jurisdiction under the collateral order doctrine. P.R. Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 141 , 113 S.Ct. 684 , 121 L.Ed.2d 605 (1993). On de novo review, Brown v. Cal. Dep’t of Corr., 554 F.3d 747, 749 (9th Cir.2009), we affirm.

Defendants are not entitled to sovereign immunity, which does not apply to “suits prosecuted against a municipal corporation or other governmental entity which is not…

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