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MANDERS v. LEE

No. 01-13606.

338 F.3d 1304 (2003)

Willie Santonio MANDERS, Plaintiff-Appellee, v. Thurman LEE, individually and as employee of the City of Homerville, Alan Brown, individually and as employee of the City of Homerville, Bart Crews, individually and as employee of the City of Homerville, City of Homerville, Clinch County, Georgia, Defendants, Winston Peterson, individually and as employee of Clinch County, Georgia, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 28, 2003.

Attorney(s) appearing for the Case

Richard K. Strickland, Whelchel, Brown, Readdick & Bumgartner, Brunswick, GA, for Defendant-Appellant.

Theodore H. Lackland, Lackland & Heyward, Atlanta, GA, for Plaintiff-Appellee.

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

HULL, Circuit Judge:

In this § 1983 excessive force case, Willie Santonio Manders sued Sheriff Winston Peterson in his official capacity for injuries allegedly caused by the Sheriff's use-of-force policy at the jail and failure to train and discipline his deputies in that regard. We conclude that Sheriff Peterson functions as an "arm of the State" in establishing use-of-force policy at the jail and in training and disciplining his deputies in

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