3799 A county sheriff engaging in law enforcement activities is an agent of the state and therefore immune from liability under the federal Civil Rights Act; although the sheriff is a county employee and the county is not immune, the county is not liable under the Act for the sheriff's conduct, unless the sheriff was carrying out official county policy or was a county policy maker; sheriff's deputies are not absolutely immune from liability under the Act, but enjoy qualified immunity if their conduct was reasonable; an action may be brought under California Civil Code 52.1 against a sheriff, sheriff's deputies, and the county that employed them for depriving plaintiff of constitutional rights, regardless of whether their conduct was motivated by bias.CitationVENEGAS v COUNTY OF LA (Wrong Brother) 32 C4 820 [See: 42 USC 1983; CivC 52.1(b); Venegas v County of LA [RevGrtd] 105 CA4 636, T/AT 1/03; Boccato v City of HB 29 CA4 1797; Pitts v County 17 C4 340, T/AT 3/98; County of LA v Superior Court 68 CA4 1166, T/AT 2/99; McMillian v Monroe County 520 US 781]
|
|