Pierce v. San Mateo Co. Sheriff's Dept.
Annotate this CaseAfter members of the San Mateo County Sheriff’s Gang Task Force allegedly conducted a warrantless search of her home, Pierce filed a civil rights action under 42 U.S.C. 1983 (section 1983) against the Sheriff’s Department and individual members of the Gang Task Force (Does 1–12). The trial court dismissed. The court of appeal affirmed as to the Department, but reversed as to the individual Doe defendants, none of whom appeared, and who, apparently, were never served. Binding U.S. Supreme Court precedent, on both the scope of liability under section 1983 and the import of the Eleventh Amendment makes clear that the meaning of the term “person” as used in section 1983 and the reach of the Eleventh Amendment are separate issues, that the Eleventh Amendment applies only in federal court and not in state court, and that, depending on state law, a county sheriff may not be subject to a suit for damages under section 1983 because he or she is not a “person” as that term is used in the statute, and not because he or she is “immune” from suit by virtue of the Eleventh Amendment or sovereign immunity.
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