Neal v. County of Shasta
Plaintiff and appellant Teresa Neal claims her civil rights were violated and her personal property taken when defendant County of Shasta’s (County) sheriff deputies and SWAT team executed an arrest warrant at her home for Jess David Woods, with whom Neal owned the home. All of plaintiff’s claims were brought pursuant to the federal civil rights act ( ADDIN BA xc <@st> xl 18 s FJPJTH000001 xpl 1 l "42 U. S. C. § 1983" 42 U.S.C. § 1983; hereafter ADDIN BA xc <@$st> xl 6 s FJPJTH000001 xpl 1 section 1983). After hearing plaintiff’s evidence, the trial court granted defendants’ motion for nonsuit.
Plaintiff’s appeal argues the trial court erred in granting nonsuit. She argues defendants violated her federal ADDIN BA xc <@con> xl 16 s FJPJTH000021 l "Fourth Amendment" Fourth Amendment rights when they searched her home incident to the arrest of Woods, because Woods was arrested before the search, making a continued search warrantless. Plaintiff’s version of the order of events is mere wishful thinking, as all the evidence indicated the arrest of Woods occurred simultaneous to the sweep search of the home, and Woods was not conclusively identified until after the sweep search was completed. Citing federal authority that is contrary to California state authority, plaintiff argues the County had no ADDIN BA xc <@con> xl 18 s FJPJTH000022 l "Eleventh Amendment" Eleventh Amendment immunity for the law enforcement actions of its sheriff’s department. The California Supreme Court has held otherwise, and we are bound by its authority.
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