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CAMPO v. KENNEDY

No. 07-15048.

517 F.3d 1070 (2008)

Elena M. DEL CAMPO, on behalf of herself and all others similarly situated; Lois Artz; Miriam Campos; Lisa Johnston; Ashorina Medina, Plaintiffs-Appellees, v. George KENNEDY, District Attorney; Don R. Mealing; Bruce D. Raye; ACCS Administration, Inc.; R.D. Davis; Green, Mister; Kramer, Mister; Lopez, Mrs.; Fulfillment Unlimited, Inc.; Fundamental Performance Strategies; Lynn R. Hasney; Fundamentals, Inc., Defendants, and American Corrective Counseling Services, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 6, 2008.

Attorney(s) appearing for the Case

Charles D. Jenkins (argued), of Jenkins Goodman Neuman & Hamilton LLP, San Francisco, CA, Kimbley A. Kearney and Edward M. Kay, of Clausen Miller P.C., and David L. Hartsell, of McGuire Woods LLP, Chicago, IL, for the defendant-appellant.

Deepak Gupta (argued) and Brian Wolfman, of the Public Citizen Litigation Group, Washington, DC, Paul Arons, of the Law Office of Paul Arons, Friday Harbor, Washington, and O. Randolph Bragg, of Horwitz, Horwitz & Associates, Chicago, IL, for the plaintiffs-appellees.

John R. Poyner, Colusa, CA, for amicus curiae California District Attorneys Association.

Robert J. Hobbs, Boston, MA, for amici curiae National Consumer Law Center, Inc., and National Association of Consumer Advocates.

Before: JOHN R. GIBSON, A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.

BERZON, Circuit Judge:

Our question is whether a private company contracting with a district attorney for services related to a diversion program is entitled to state sovereign immunity. We decide that it is not.

I.

American Corrective Counseling Services ("ACCS"), a private corporation, contracted with the District Attorney for Santa Clara County, California, (the "DA") to run a bad check diversion program. Its conduct of that program generated...

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