Luke v. Abbott

ORDER ON RETENTION OF MONELL DEFENDANT

TAYLOR, District Judge.

The Court holds the proper Monell defendant in a civil rights case is the local government entity, and not the local government officer sued in official capacity on behalf of the local government entity.

I. BACKGROUND

In this 42 U.S.C. § 1983 civil rights ease, plaintiffs sued various defendants including the County of Orange, and Michael Capizzi in his official capacity as District Attorney for the County of Orange. 1 In an earlier order, the Court determined that Capizzi, sued in his official capacity only, was a redundant defendant…