Legal Opinion
Pitts v. County of Kern
California Supreme Court
Decided January 29, 1998No. S057270PublishedCited by 76 opinions
1Opinion of the Court
Opinion
BROWN, J.
A local government, such as a county, is a “person” within the meaning of 42 United States Code section 1983 (section 1983); hence a *345local government may be found liable for damages under this section. In contrast, neither a state nor state officials sued in their official capacity are “person[sj” within the meaning of section 1983 when sued for damages; hence neither may be found liable under the statute. Here we address whether, for purposes of local government damages liability, a California district attorney acts on behalf of the state or the county when preparing to…
2Cases cited37 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
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Board of the County Commissioners of Bryan County v. BrownSupreme Court of the United States · 1997
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3Cited by76 opinions
- Ewing v. City of StocktonCourt of Appeals for the Ninth Circuit · 2009
- Frederick Jackson v. Michael BarnesCourt of Appeals for the Ninth Circuit · 2014
- Zelig v. County of Los AngelesCalifornia Supreme Court · 2002
- Murray Weiner,plaintiff-Appellant v. San Diego CountyCourt of Appeals for the Ninth Circuit · 2000
- Moreno Avalos Cortez Mauricio Robert Avalos Terry Leach Lydia Avalos Guillermo Avalos Kathy Granillo v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2002
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