Resident brought action against sheriff’s department and individual officers under § 1983 to challenge a warrantless search of her home. The Superior Court sustained demurrer without leave to amend. Resident appealed.
The Court of Appeal held that:
- Resident stated claim that warrantless search of her home violated Fourth Amendment;
- County sheriff’s department was not a “person” subject to a suit for damages under section 1983; and
- Officers of sheriff’s department were “persons” potentially liable under section 1983 to the extent that they were sued in their individual capacity.