Legal Opinion

Abraham v. Piechowski

District Court, E.D. Wisconsin

Decided August 10, 1998No. 97-C-0705PublishedCited by 39 opinions

1Opinion of the Court

DECISION AND .ORDER

ADELMAN, District Judge.

This case raises the important question of whether, when enforcing the law, a sheriff represents the county or the state, and the related question of whether, in view of Wisconsin constitutional and statutory changes, the Seventh Circuit’s last pronouncement on the issue has continuing force. The issue is important because of the Eleventh Amendment. If a sheriff acts on behalf of the state rather than the county when enforcing the law, Eleventh Amendment immunity protects the sheriff from being liable for damages in federal court. I find, however,…

2Cases cited39 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  5. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989

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3Cited by39 opinions

  1. Buchanan v. City of KenoshaDistrict Court, E.D. Wisconsin · 1999
  2. Grow v. City of MilwaukeeDistrict Court, E.D. Wisconsin · 2000
  3. Roe v. County of LakeDistrict Court, N.D. California · 2000
  4. Koenig v. Pierce County Department of Human ServicesCourt of Appeals of Wisconsin · 2016
  5. Aleman v. Milwaukee CountyDistrict Court, E.D. Wisconsin · 1999

34 more not listed; retrieve them via the Exa API.

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