CARR v. CITY OF FLORENCE, ALA.

No. 89-7488.

916 F.2d 1521 (1990)

J.T. CARR, Eva Carr, Joey Casey Carr, Kristen Carr and Angelaine Carr; minors, by and through their father and next friend Sheila Carr, Ronald Phillips, Florine Phillips, Sherry Phillips, Ronald Phillips, as father and next friend of Patricia Phillips, and Gaylon Phillips, minors, Plaintiffs-Appellants, Cross-Appellees, Lonnie Carr, Scottie L. Carr as husband and next friend of Jennifer Vinson Carr, a minor, Plaintiffs, v. CITY OF FLORENCE, ALABAMA a Municipal Corporation; Lauderdale County, Alabama, Richard Thompson, as Police Chief of the City of Florence, Alabama; Franklin County, Alabama, City of Russellville, Alabama, a Municipal Corporation; Colbert County, Alabama; City of Rogersville, Alabama, a Municipal Corporation; City of Killen, Alabama, a Municipal Corporation; Timothy "Tim" Harvey, a police officer of the City of Florence, Alabama; Donnie McGuire, individually and as Police Chief of the City of Russellville, Alabama; Jim Martin, individually and as Chief Deputy Sheriff of Franklin County, Alabama; Steve Anderson, Myron Crunk, Robert Freeman, John Gillette, Keith Johnson, Jane Patterson; Marty Ray and Harold White "Curtis", Steve Bradford and Mark Parker, Defendants, Mike Boggans; Charles Ford; Charles Perkins; Deputy Richard Richey; Kent Sims; Clifford Whitten; Sheriff Billy Townsend, Acting in his Official Capacity as Sheriff of Defendant, Lauderdale County, Alabama, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 7, 1990.


Attorney(s) appearing for the Case

Susan J. Walker, Birmingham, Ala., Gary P. Smith, Florence, Ala., Clarence L. McDorman, Jr., Susan J. Walker, Birmingham, Ala., for plaintiffs-appellants, cross-appellees.

Sharon D. Hindman, Dennis Riley, Morring, Schrimsher & Riley, Huntsville, Ala., for defendants-appellees, cross-appellants.

Before HATCHETT and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.


HATCHETT, Circuit Judge:

In this section 1983 lawsuit, we affirm the district court's ruling that the sheriff of Lauderdale County, Alabama, and his deputies are immune from a lawsuit for damages in their official capacities under the eleventh amendment to the United States Constitution.

FACTS

At approximately 10:30 p.m. on May 12, 1988, officers of the police department of the City of Florence, Alabama, chased two men in a light-colored automobile...

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