Streit

Does the Los Angeles County Sheriffs Department (the “LASD”) in adopting and administering its policy of requiring that a records check, including review of all wants and holds received on a prisoner’s release date, act on behalf of the state of California or on behalf of the County of Los Angeles (the “County”)? The answer to this question determines whether the County may be subject to liability under 42 U.S.C. § 1983 and Monell v. New York City Dep’t of Soc. Servs., 436 U.S. 658, 694 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). Because we conclude that the LASD, when implementing its policy of conducting prisoner release records checks, acts for the County in its capacity as the administrator of the Los Angeles County jails, we hold that both the LASD and the County are *556 subject to liability under section 1983. We also reject the LASD’s contention that it is an “arm of the state,” reiterating our determination that it is subject to liability under section 1983. We also conclude that the LASD is a “public entity” that is separately suable in federal court. We have jurisdiction under 28 U.S.C. §§ 1291 and 1292(b), and we affirm.

I. BACKGROUND

Appellees brought suit against the…