Day v. County of Sacramento CA3
This is an action under title 42 United States Code section 1983 (section 1983) for damages arising out of plaintiff and appellant Jenifer Day’s detention in a Sacramento County jail for driving under the influence of alcohol.Day appeals from a judgment of dismissal after the trial court sustained defendants and respondents County of Sacramento and Sheriff Scott R. Jones’s demurrer to her amended complaint without leave to amend. The trial court held respondents were not subject to a lawsuit under section 1983 because, to the extent they were alleged to control medical services in the jail, they were state actors performing law enforcement functions. Day contends the trial court erred in reaching this conclusion and her pleading was sufficient to state a claim under section 1983. We affirm on the basis that her complaint failed to state a cause of action against respondents under Monell v. New York City Dept. of Social Services (1978) 436 U.S. 658 (Monell).
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