United States Eleventh Circuit

Binding precedent compels the conclusion that 42 U.S.C. section 1983 excessive force claims against a sheriff in his official capacity are claims against the county, as opposed to the state, and are thus not barred by the Eleventh Amendment, however, the opinion expresses serious doubt about the correctness of this holding.

Appellate Information

• Decided 03/14/2002
• Published 03/14/2002

Judges

• HULL, Circuit Judge:, Before EDMONDSON, Chief Judge, and TJOFLAT, ANDERSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• Richard K. Strickland,Whelchel, Brown, Readdick & Bumgartner, Brunswick, GA, for Defendant-Appellant., Theodore H. Lackland, Lackland & Heyward, Atlanta, GA, for Plaintiff-Appellee.