McDade

MEMORANDUM **

Rozlyn McDade appeals the entry of judgment in her 42 U.S.C. § 1983 action. *147 We previously concluded in McDade v. West, 223 F.3d 1135 (9th Cir.2000) (McDade I), that Bridgett West, employed by the Ventura County District Attorney, acted under the color of state law when she illegally accessed a computer database owned by the County. West used the database to locate her husband’s ex-wife— McDade — so that West’s husband could serve McDade with court papers in a child custody dispute.

After remand, McDade and the Wests entered into a settlement agreement. Pursuant to that agreement, Bridgett West assigned to McDade any claim that West had against the County for indemnification. When the district court entered judgment, it concluded that the County was not obliged to indemnify West.

We review de novo the district court’s conclusion that, under California law, West is not entitled to indemnification from the County. See Diamond v. City of Taft, 215 F.3d 1052, 1055 (9th Cir.2000).

As both parties recognize, California law controls whether the County must indemnify West. A California governmental entity must indemnify an employee “for an injury arising out of an…