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: Legal Pad | LA

Appeals court rules state soverign immunity doesn't apply to DA contractors

By Jason Siegel

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Private companies that run diversion programs administered by dozens of California district attorneys are now open to legal attack, The Recorder reported.

A 9th Circuit U.S. Court of Appeals panel ruled last week that state sovereign immunity does not extend to American Corrective Counseling Services, a private contractor hired by the Santa Clara County DA's office to go after individuals who passed bad checks.

Because ACCS is a private contractor, the Ninth Circuit should not even undertake the test it uses when various government bodies seek immunity, Judge Marsha Berzon wrote. Extending sovereign immunity to a private company would be a "category error," she wrote.

Read the full story here

Full post as published by Legal Pad | LA on February 11, 2008 (boomark / email).

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