Legal Opinion

DeGenova v. Sheriff of DuPage County

District Court, N.D. Illinois

Decided May 6, 1998No. 97 C 7208PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

MORAN, Senior District Judge.

Plaintiff Mario DeGenova brought this action under 42 U.S.C. § 1983 alleging that his constitutional rights were violated when he was arrested and taken into custody by the Sheriff of DuPage County (and other defendants not party to the instant motion). In his complaint, DeGenova alleged that the Sheriff of DuPage County is liable in his official capacity for this offense. Defendant has moved to dismiss on the ground that he is an officer of the State of Illinois and is therefore immune from suit under the Eleventh Amendment. For the reasons…

2Cases cited15 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Kentucky v. GrahamSupreme Court of the United States · 1985
  3. Jett v. Dallas Independent School DistrictSupreme Court of the United States · 1989
  4. Brandon v. HoltSupreme Court of the United States · 1985
  5. McMillian v. Monroe CountySupreme Court of the United States · 1997

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3Cited by1 opinion

  1. Carter v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 1999

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