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BREWSTER v. SHASTA COUNTY

No. 01-15118.

275 F.3d 803 (2001)

Thomas BREWSTER, Plaintiff-Appellee, v. SHASTA COUNTY, a public entity; Brad McDannold, an individual; D. Compomizzo, an individual, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 28, 2001.

Attorney(s) appearing for the Case

John Hagar, Law Office of John Hagar, San Francisco, California, for the defendants-appellants.

David A. Prentice, Prentice & Schaap, Sacramento, California, for the plaintiff-appellee.

James H. Thebeau, Deputy County Counsel, Bakersfield, California, for amicus curiae California State Association of Counties.

Stephen Yagman, Yagman & Yagman & Reichmann, Venice Beach, California, for amicus curiae Yagman & Yagman & Reichmann.

Before: HALL, WARDLAW, and BERZON, Circuit Judges.

HALL, Circuit Judge:

This case requires us to decide whether the Shasta County Sheriff's Department, when investigating crime, acts on behalf of the state of California or on behalf of Shasta County. If the sheriff is a county actor, Shasta County may be subject to liability under 42 U.S.C. § 1983 and Monell v. New York City Dep't of Soc. Servs., 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), for the sheriff's constitutional...

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