Crockett

AMENDED MEMORANDUM *

Michael Crockett (“Crockett”) appeals from the judgment as a matter of law entered by the district court and numerous other pre-trial orders. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

1. The district court did not err in refusing to allow Crockett to add Pierce County (“County”) as a defendant. The Sheriff of Pierce County, who made the termination decision in this case, was not the final policymaker with respect to personnel administration within the county; the civil service commission has that authority. Wash. Rev.Code § 41.14.060; cf. Davis v. Mason County, 927 F.2d 1473, 1480-81 (9th Cir.1991) (holding that sheriffs in Washington are, on the other hand, policymakers for peace officer training). The County, therefore, is not hable under § 1983 as a matter of law. See Christie v. Iopa, 176 F.3d 1231, 1235 (9th Cir.1999). Thus, the district court correctly reasoned that joinder of the County would be futile.

2. Because the prosecuting attorney exercised independent judgment in proceeding with the criminal action against Crockett, even after learning of the evidence…