Christie

In this action brought under 42 U.S.C. § 1983 , Plaintiffs allege that a deputy prosecutor for the County of Hawaii violated their constitutional rights. The district court granted the County’s motion for summary judgment, holding that the County is not legally responsible for the deputy prosecutor’s acts. For the reasons that follow, we affirm as to plaintiff Christie, but reverse as to plaintiff Anderson.

FACTUAL AND PROCEDURAL BACKGROUND

Because the district court granted summary judgment, we view the evidence in the light most favorable to the nonmoving party. See Jesinger v. Nevada Fed. Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994).

Plaintiffs advocate the legalization of marijuana, and they are well known for that advocacy. They also have worked to expand the commercial use of hemp, including its use as food and clothing. Commercial sterilized hemp seeds are readily available at stores in Hawaii, such as Wal-mart; often, these seeds are mixed with other types of seed and sold as bird seed. In April 1991, Anderson ordered 25 pounds of sterilized commercial hemp seeds on behalf of Plaintiffs. The police seized Plaintiffs’ order and charged them with Promotion of a…