Legal Opinion
Venegas v. County of Los Angeles
California Supreme Court
Decided April 5, 2004No. S113301PublishedCited by 136 opinions
1Opinion of the Court
Opinion
CHIN, J.
Does a sheriff act on behalf of the state or county when conducting a criminal investigation, including detaining suspects and searching their home and vehicle? As we shall see, based on the analysis in prior California cases, sheriffs act on behalf of the state when performing law enforcement activities. Under the Eleventh Amendment to the United States Constitution, and the doctrine of sovereign immunity, the state is absolutely immune from tort liability under the federal civil rights act (42 U.S.C. § 1983, hereafter section 1983). Accordingly, as agents of the state when…
2Cases cited20 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Hunter v. BryantSupreme Court of the United States · 1991
- Howlett Ex Rel. Howlett v. RoseSupreme Court of the United States · 1990
- McMillian v. Monroe CountySupreme Court of the United States · 1997
15 more not listed; retrieve them via the Exa API.
3Cited by136 opinions
- Heriberto Rodriguez v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2018
- Robert Reese, Jr. v. County of SacramentoCourt of Appeals for the Ninth Circuit · 2018
- Frederick Jackson v. Michael BarnesCourt of Appeals for the Ninth Circuit · 2014
- Cornell v. City & Cnty. of S.F., California Court of Appeal, 5th District2017
- Webb v. Smart Document Solutions, LLCCourt of Appeals for the Ninth Circuit · 2007
131 more not listed; retrieve them via the Exa API.