Thomas Brewster v. Shasta County, a Public Entity Brad McDannold an Individual D. Compomizzo, an Individual

This case requires us to decide whether the Shasta County Sheriffs Department, when investigating crime, acts on behalf of the state of California or on behalf of Shasta County. If the sheriff is a county actor, Shasta 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 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978), for the sheriffs constitutional torts. We conclude that the sheriffs department, when investigating crime, acts for the county, and therefore that the county is subject to section 1983 liability.

BACKGROUND

Appellee Thomas Brewster brought suit under 42 U.S.C. § 1983 against the County of Shasta and two Shasta County Sheriffs Department deputies. Appellee alleged that the deputies violated his civil rights during the investigation of a murder and sexual assault by manipulating a witness into giving a false identification, failing to test physical evidence, and ignoring exculpatory evidence. Appellee argued that the county is liable under Monell for his injuries caused by the deputies’ execution of the Sheriffs policies on arrests and crime investigations because the Sheriff is a final policymaker for the…