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BOUGERE v. COUNTY OF LOS ANGELES

No. B183930.

45 Cal.Rptr.3d 711 (2006)

141 Cal.App.4th 237

Deon BOUGERE, Plaintiff and Appellant, v. COUNTY OF LOS ANGELES, Defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

July 11, 2006.

Attorney(s) appearing for the Case

Law Offices of Barry S. Zelner, Barry S. Zelner, and Charles Fonarow, Los Angeles, for Plaintiff and Appellant.

Raymond G. Fortner, Jr., County Counsel, Jennifer A.D. Lehman, Deputy County Counsel, for Defendant and Respondent.

DOI TODD, J.

The question presented in this civil rights case is whether the Los Angeles County Sheriff acts on behalf of the State of California or the County of Los Angeles in setting policies pertaining to the assignment of inmates within the Los Angeles County jail. The answer to this question depends on whether the Sheriff's action in this regard can be characterized as a law enforcement function, in which case the Sheriff acts as a state official and is therefore...

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