Stanley v. Broward County Sheriff

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This case arose from the Broward County (Florida) Sheriff’s potential liability under 42 U.S.C. 1983 for failing to rehire a former deputy allegedly due to his political loyalties and in violation of his First Amendment rights. Broward County has expressly designated its sheriff as its chief correctional officer (CCO); thus, at issue in this case was the basic question whether a Florida county sheriff, acting in his capacity as chief correctional officer in the hiring and firing of his deputies, was an arm of the state entitled to the benefit of the state’s Eleventh Amendment immunity from suit in federal court. After careful review, and having the benefit of oral argument, the Eleventh Circuit Court of Appeals concluded that a Florida sheriff was not an arm of the state when acting in this capacity. The Court therefore reversed the district court’s grant of summary judgment for the Sheriff and remanded to the district court for further proceedings. View "Stanley v. Broward County Sheriff" on Justia Law