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DeGENOVA v. SHERIFF OF DuPAGE COUNTY

No. 98-2455.

209 F.3d 973 (2000)

Mario DeGENOVA, Plaintiff-Appellee, v. SHERIFF OF DuPAGE COUNTY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 13, 2000.

Attorney(s) appearing for the Case

Kenneth N. Flaxman (argued), Chicago, IL, for plaintiff-appellee.

Thomas F. Downing (argued), Office of the State's Attorney of DuPage County, Wheaton, IL, for defendant-appellant.

Before POSNER, Chief Judge, and COFFEY and MANION, Circuit Judges.

MANION, Circuit Judge.

Mario DeGenova sued the Sheriff of DuPage County in his official capacity, claiming a violation of his constitutional rights pursuant to 42 U.S.C. § 1983. The Sheriff moved to dismiss, arguing that he had Eleventh Amendment immunity. The district court denied the motion. The Sheriff appeals and we affirm.

I.

Because this appeal comes to us from a motion to dismiss, we take the following facts from the complaint and assume...

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