Lynch v. San Francisco Housing Authority

Opinion

JONES, J.

Appellant John Lynch appeals the trial court’s decision to sustain the demurrer filed by respondent The San Francisco Housing Authority (SFHA) without leave to amend as to Lynch’s cause of action brought under 42 United States Code section 1983 (hereafter section 1983). In this appeal, we consider whether the trial court properly concluded on demurrer that the SFHA is an arm of the state for purposes of section 1983. We conclude that such a conclusion on demurrer was improper. We therefore reverse that portion of the trial court’s judgment sustaining the demurrer to Lynch’s…