David Moor v. Frank I. Madigan, William Donovan Rundle, Jr., a Minor, by William D. Rundle, His Guardian Ad Litem v. Frank I. Madigan

These are appeals from an order of the United States District Court for the Northern District of California dismissing appellants’ claims against the County of Alameda (hereinafter County).

The claims arose out of the May, 1969, “People’s Park” disturbance or riot, in which appellants were allegedly injured by an Alameda County deputy sheriff who was performing duties at that time and place on behalf of the County.

On February 12, 1970, appellants brought actions against several deputies, the sheriff, and the County. The complaints against the County alleged federal causes of action under the Civil Rights Act, 42 U.S.C. sections 1981-1988 , and pendent state claims under sections 810 et seq. of the California Government Code (hereinafter Tort Claims Act). Both federal and state causes of action were premised on the theory that the county could be held vicariously liable for the acts of the deputies.

Both appellants alleged" jurisdiction in the district court pursuant to 28 U.S.C. section 1343 . Appellant Moor also alleged diversity jurisdiction under 28 U.S.C. section 1332 .

The County subsequently filed motions to dismiss the claims against it in each case, contending that,…