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ABUSAID v. HILLSBOROUGH COUNTY BD.

No. 03-16243.

405 F.3d 1298 (2005)

Elias ABUSAID, Jr., a.k.a. Lou, Plaintiff-Appellant, v. HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS, Hillsborough County Fire Marshal's Office, Hillsborough County, a Political Subdivision of the State of Florida, Hillsborough County Sheriff's Office, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 15, 2005.

Attorney(s) appearing for the Case

Donald D. Anderson and Bryan Scott Gowdy (Court-Appointed), Jacksonville, FL, for Plaintiff-Appellant.

Stephen Mark Todd, Christopher C. Sabella, Tampa, FL, for Defendants-Appellees.

Before MARCUS, FAY and SILER, Circuit Judges.

MARCUS, Circuit Judge:

At issue today is whether a Florida county sheriff, acting to enforce a county dance hall ordinance, is an arm of the state entitled to the benefit of the state's Eleventh Amendment immunity from suit in federal court. We conclude that the sheriff is not an arm of the state in this case and, accordingly, we reverse the district court's dismissal of Appellant's § 1983 claims against the Hillsborough County Sheriff as being barred by the...

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