County of Los Angeles v. Superior Court

In County of Los Angeles v. Superior Court (1998) 68 Cal.App.4th 1166, the plaintiff brought an action against a county for violation of the federal Civil Rights Act. (42 U.S.C. 1983.) She alleged that after she posted bail, the sheriff and his deputies detained her in jail an additional 10 days in reliance on a warrant that they reasonably should have known did not relate to her. The trial court overruled the county's demurrer to the federal civil rights cause of action. The appellate court ordered issuance of a writ of mandate commanding the trial court to sustain the demurrer without leave to amend. (68 Cal.App.4th at pp. 1169-1170.) In its demurrer, the county alleged it was not a "person" liable under section 1983 of title 42 of the United States Code, since the actions and policies at issue were not official county policies. The county argued the sheriff acted in his capacity as a state official rather than as a local policymaker. The appellate court agreed: "Plaintiff suggests the sheriff is a policymaker for the county in 'the specific function of operating the county jail system.' This attempt to characterize the sheriff's conduct as merely operational or administrative is not persuasive on the facts of this case. The function involved in this case is determining whether to release a person who may be subject to arrest on an outstanding warrant. This is a law enforcement function. (Gov. Code, 26601, 26602; Pen. Code, 816) (County of Los Angeles, supra, 68 Cal.App.4th at pp. 1177-1178.) The court in County of Los Angeles concluded that in setting policies concerning release of individuals from the county jail, the county sheriff acts as a state officer performing state law enforcement duties and not as a policymaker on behalf of the county. Therefore, the county was immune from suits based on civil rights violations. (County of Los Angeles, supra, 68 Cal.App.4th at p. 1178.)