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COUSER v. GAY

No. 19-3088.

959 F.3d 1018 (2020)

Wendy COUSER, individually and as administrator of the Estate of Matthew Holmes, Plaintiff-Appellee, v. Chad GAY, in his individual and official capacity as Sheriff of Harvey County, Defendant-Appellant, and Chris Somers; Anthony Hawpe; Jason Achilles; Skyler Hinton; Jerry Montagne, in his individual and official capacity as Sheriff of McPherson County; City of Newton, Kansas; Unknown Officers, from Newton Police Department; Unknown Officers, from McPherson County Sheriff's Office; Unknown Officers, from Harvey County Sheriff's Office; McPherson County Sheriff's Office; Harvey County Sheriff's Office, Defendants. Kansas Sheriff's Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

FILED May 22, 2020.

Attorney(s) appearing for the Case

Toby Crouse , Crouse, LLC, Overland Park, Kansas, ( David E. Rogers and Kelsey N. Frobisher , Foulston Siefkin LLP, Wichita, Kansas, with him on the briefs), for Defendant-Appellant.

Debra Loevy , Loevy & Loevy, Chicago, Illinois, for Plaintiff-Appellee.

Allen G. Glendenning and Michael C. Abbott , Watkins Calcara , CHTD, Great Bend, Kansas, filed an amicus curiae brief for Kansas Sheriffs' Association on behalf of Defendant-Appellant.

Before MATHESON, KELLY, and PHILLIPS, Circuit Judges.

The district court found that Chad Gay, the Sheriff of Harvey County, Kansas, is a county official when performing law enforcement functions. It thus held that, unlike a state official, he is not entitled to Eleventh Amendment immunity when sued for damages in his official capacity under 42 U.S.C. § 1983. Exercising...

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