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GOLDSTEIN v. CITY OF LONG BEACH

No. 10-56787.

715 F.3d 750 (2013)

Thomas Lee GOLDSTEIN, Plaintiff-Appellant, v. CITY OF LONG BEACH; John Henry Miller, in his individual and official capacity; William Collette, in his individual and official capacity; Logan Wren, in his individual and official capacity; William MacLyman, in his individual and official capacity, Defendants, and County of Los Angeles, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2013.

Attorney(s) appearing for the Case

Barrett S. Litt and Lindsay B. Battles , Litt, Estuar & Kitson, LLP, Los Angeles, CA, for Plaintiff-Appellant.

Tomas A. Guterres and Catherine M. Mathers , Collins Collins Muir + Stewart LLP, South Pasadena, CA; Timothy T. Coates and Cynthia E. Tobisman , Greines, Martin, Stein & Richland LLP, Los Angeles, CA, for Defendant-Appellee.

Before: STEPHEN REINHARDT and SIDNEY R. THOMAS, Circuit Judges, and GLORIA M. NAVARRO, District Judge.

OPINION

THOMAS, Circuit Judge:

We consider in this case whether a district attorney acts as a local or a state official when establishing policy and training related to the use of jailhouse informants. We find that, as to the policies at issue here, the district attorney was acting as a final policymaker for the County of Los Angeles. We thus reverse the district court's grant of the motion for judgment on the pleadings and remand the case.

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