U.S. Appeals Court: ELEVENTH ADMENDMENT.

• Position: Brief Article

DeGenova v. Sheriff of DuPage County. 209 F.3d 973 (7th Cir. 2000). An arrestee brought a [sections] 1983 action against a sheriff in his official capacity alleging Fourth and Fourteenth Amendment violations. The district court denied the sheriffs motion to dismiss and the appeals court affirmed. The appeals court held that the sheriff was a county officer when he managed the jail, and was thus not entitled to Eleventh Amendment immunity. According to the court, under Illinois law the sheriff had final policymaking authority over jail operations, was designated as a county officer by the state constitution, and the sheriff was required as...