Taylor v. McGhaney

1 Citing case

  1. LeDay v. Clarey

    C. A. 9:21-cv-03590-DCC-MHC (D.S.C. Jul. 28, 2023)

    It is well settled that a sheriff and his or her deputies are arms of the state, not municipal departments. See Gulledge v. Smart, 691 F.Supp. 947, 954-55 (D.S.C. 1988) (finding that a South Carolina sheriff is a state official), aff'd, 878 F.2d 379 (4th Cir. 1989); see also Taylor v. McGhaney, No. 2:18-CV-0264-CMC-MGB, 2019 WL 7461624, at *4 (D.S.C. Dec. 6, 2019) (“The Sheriff's Office is considered a state agency for the purposes of Plaintiff's [§ 1983] claims”), report and recommendation adopted, 2020 WL 42862 (D.S.C. Jan. 3, 2020); Cone v. Nettles, 417 S.E.2d 523, 524 (S.C. 1992) (holding that, for § 1983 purposes, sheriffs and deputies are state officials). By the same token, because they are considered a part of the state, Defendants - in their official capacities - are not “person[s]” within the meaning of 42 U.S.C. § 1983.