What is the test for naming a defendant in a civil rights action brought under the Civil Rights Act?

California, United States of America


The following excerpt is from City of Los Angeles v. Superior Court, 149 Cal.Rptr. 320, 85 Cal.App.3d 143 (Cal. App. 1978):

This action, brought under the Civil Rights Act (42 U.S.C. 1983) was filed on August 17, 1973. Suitably decorated as a civil rights complaint, 5 it pleads, in the main, the facts later alleged in Levy III. 6 Neither the City nor the County, the two public agencies before us, was named as a defendant. Under the law as it was thought to be at the time (Moor v. County of Alameda (1973) 411 U.S. 693, 715, 93 S.Ct. 1785, 36 L.Ed.2d 596; Monroe v. Pape (1961) 365 U.S. 167, 187-192, 81 S.Ct. 473, 5 L.Ed.2d 492) any attempt to name either entity would have been quixotic. 7

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