Successfully brought a Demurrer in County Sheriff’s Department Case
Successfully brought a Demurrer resulting in dismissal of entire action on behalf of County Sheriff’s Department on the basis of Eleventh Amendment Immunity. The plaintiff sued alleging that the Sheriff’s Department deprived her of medical care while she was being detained in a sober cell. Plaintiff alleged that the County had a custom and practice of depriving inmates of medical care for serious medical needs. The Court held that in the provision of law enforcement duties the Sheriff’s Department is a state actor entitled to Eleventh Amendment Immunity and dismissed the entire action.