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LUKE v. ABBOTT

No. SA CV 96-176-GLT[RC].

954 F.Supp. 202 (1997)

Frederick G. LUKE and The Luke Family Trust, Plaintiffs, v. Robert ABBOTT, David Goyne, Huck Henderson, Don Burmania, Michael Rhodes, Michael R. Capizzi, County of Orange, and One Hundred Unknown Named Defendants, Defendants.

United States District Court, C.D. California.

March 5, 1997.

Attorney(s) appearing for the Case

Stephen Yagman, Marion R. Yagman, Yagman & Yagman, P.C., Venice, CA, for Plaintiffs.

Gary C. Ottoson, Haight, Brown & Bonestell, Santa Monica, CA, David Goyne, Monterey, CA, Thomas Eck, Office of General Counsel, Los Angeles, CA, Irving Berger, Santa Ana, CA, for Defendants.

ORDER ON RETENTION OF MONELL DEFENDANT

TAYLOR, District Judge.

The Court holds the proper Monell defendant in a civil rights case is the local government entity, and not the local government officer sued in official capacity on behalf of the local government entity.

I. BACKGROUND

In this 42 U.S.C. § 1983 civil rights case, plaintiffs sued various defendants including the County of Orange, and Michael Capizzi in...

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