GRECH v. CLAYTON COUNTY, GA.

No. 01-13151.

335 F.3d 1326 (2003)

Brian L. GRECH, Plaintiff-Appellant, v. CLAYTON COUNTY, GEORGIA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 7, 2003.


Attorney(s) appearing for the Case

Bruce R. Millar, Jonesboro, GA, for Plaintiff-Appellant.

Bridgette M. Palmer, Hancock & Echols, Brian Richard Dempsey and Jack Reynolds Hancock, Hancock, Story & Dempsey, LLC, Forest Park, GA, for Defendant-Appellee.

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


HULL, Circuit Judge:

This appeal presents the question of whether a sheriff in Georgia acts as a county policymaker for purposes of the county's liability under 42 U.S.C. § 1983. After review, we conclude that the defendant Clayton County has no authority to direct or control the Sheriff in his law enforcement function, that the Sheriff is not a county policymaker for that function, and thus, that Clayton County has no § 1983 liability for the Sheriff's...

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