(9th Cir.2000) (discussing McMillian v. Monroe County, 520 U.S. 781, 785-86, 117 S.Ct. 1734, 138 L.Ed.2d 1 (1997)).


26
Botello argues that Gammick, as district attorney, was a Washoe County employee and policymaker when he acted "outside the scope of active criminal prosecutions and outside the scope of prosecutorial discretion" and "specifically adopted a policy of retaliation against plaintiff for his speech and ratified all acts of Helzer." In contrast, the County claims that under Nevada law, when Gammick made the decision not to prosecute cases initiated by Botello, he was acting as a policymaker on behalf of the state and not the County.


27
The County's argument is unavailing in two respects. First, it is foreclosed by our holding in Webb v. Sloan that, under Nevada law, "principal district attorneys arefinal policymakers for the municipality with respect to the conduct of criminal prosecutions." Webb, 330 F.3d at 1165. Accordingly, Gammick was a policymaker for the County when he decided not to prosecute Botello's cases.


28
Second, Botello alleges that other than adopting the nonprosecution policy, Gammick's conduct was administrative, not judicial, in nature. The County offers no argument to rebut the proposition that a district attorney acting in his administrative and investigative capacity is a County policy-maker. Instead, the County argues that all of Gammick's conduct in relation to Botello can be characterized as falling within the district attorney's prosecutorial function. As discussed above, we reject this argument. Other than the decision not to prosecute Botello's cases, Gammick's other conduct as a County policymaker-telephoning the School Police Department to dissuade