PITTS v. COUNTY OF KERN

Docket No. S057270.

17 Cal.4th 340 (1998)

RICKY LYNN PITTS et al., Plaintiffs and Appellants, v. COUNTY OF KERN et al., Defendants and Respondents. COLLEEN DILL FORSYTHE et al., Plaintiffs and Appellants, v. COUNTY OF KERN et al., Defendants and Respondents.

Supreme Court of California.

January 29, 1998.


Attorney(s) appearing for the Case

COUNSEL

Stanley M. Becker for Plaintiffs and Appellants.

B.C. Barmann, Sr., County Counsel, Mark L. Nations, Chief Deputy County Counsel, Lynda M. Taylor, Deputy County Counsel, Robinson, Palmer & Stanton, Robinson, Palmer & Logan and William D. Palmer for Defendants and Respondents.

John J. Sansone, County Counsel (San Diego), Diane Bardsley, Chief Deputy County Counsel, Morris G. Hill, Deputy County Counsel, Paul J. Pfingst, District Attorney (San Diego), Edward J. Mantyla, Brian E. Michaels and Thomas F. McArdle, Deputy District Attorneys, and Ruth Sorensen as Amici Curiae on behalf of Defendants and Respondents.


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 local 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[s]" within the meaning of section 1983 when sued for damages; hence neither...

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