OCTOBER TERM, 1996
Syllabus
McMILLIAN
v. MONROE COUNTY, ALABAMA
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE
ELEVENTH CIRCUIT
No. 96-542. Argued March 18, 1997-Decided June 2,1997
After spending six years on Alabama's death row, petitioner's
capital murder conviction was reversed on the ground that the State
had suppressed exculpatory evidence. He then sued respondent Monroe
County and others under 42 U. S. C. § 1983 for the allegedly
unconstitutional actions of,
inter alios, County Sheriff Tom
Tate in suppressing the evidence. A county is liable under § 1983
for those actions of its sheriff that constitute county "policy."
Monell v.
New York Gity Dept. of Social Servs.,
436 U. S. 658,
694. The District Court dismissed the claims, holding that Tate's
unlawful acts did not represent Monroe County's policy, because an
Alabama county has no authority to make law enforcement policy. The
Court of Appeals affirmed, agreeing that a sheriff acting in his
law enforcement capacity is not a policymaker for the county.
Held: Alabama sheriffs, when executing their law
enforcement duties, represent the State of Alabama, not their
counties. Pp. 784-796.
(a) In determining a local government's § 1983 liability, a
court's task is to identify those who speak with final policymaking
authority for the local governmental actor concerning the action
alleged to have caused the violation at issue.
JeU v.
Dallas Independent School Dist., 491 U. S. 701, 737. The
parties agree that Sheriff Tate has final policymaking authority in
the area of law enforcement, but they disagree about whether
Alabama sheriffs are policymakers for the State or the county when
acting in their law enforcement capacity. In deciding this dispute,
the question is not whether Alabama sheriffs act as county or state
officials in all of their official actions, but whom they represent
in a particular area or on a particular issue.
Ibid. This
inquiry is dependent on the definition of the official's functions
under relevant state law. Cf.
Regents of Univ. of Gal. v.
Doe, 519 U. S.
425, 429, n. 5. Pp.784-786.
(b) The Court defers considerably to the Court of Appeals'
expertise in interpreting Alabama law, see
JeU, supra, at
738, and concludes that the State's constitutional provisions
concerning sheriffs, the historical development of those
provisions, and the interpretation given them by the State Supreme
Court strongly support Monroe County's contention that sheriffs
represent the State when acting in their law enforcement capacity.
The relevant portions of the Alabama Code, although less
782
Syllabus
compelling, also support this conclusion. Code provisions
cutting in favor of the conclusion that sheriffs are county
officials are insufficient to tip the balance in petitioner's
favor. Pp.786-793.
(c) The Court rejects petitioner's arguments that the result
here will create a lack of uniformity in Alabama-by allowing 67
county sheriffs to have different state law enforcement policies in
their countiesand throughout the country-by permitting sheriffs to
be classified as state officials in some States and county
officials in others. The common law itself envisioned the
possibility that state law enforcement "policies" might vary
locally, as particular sheriffs adopted varying practices for
arresting criminals or securing evidence. And the Nation's federal
nature allows the States wide authority to set up their state and
local governments as they wish. Petitioner's and his
amici's
concern that state and local governments will manipulate local
officials' titles in a blatant effort to shield local governments
from liability is foreclosed by
St. Louis v.
Praprotnik, 485 U. S. 112, 127
(plurality opinion). Pp. 793-796.
88 F.3d
1573, affirmed.
REHNQUIST, C. J., delivered the opinion of the Court, in which
O'CONNOR, SCALIA, KENNEDY, and THOMAS, JJ., joined. GINSBURG, J.,
filed a dissenting opinion, in which STEVENS, SOUTER, and BREYER,
JJ., joined,
post, p. 796.
Bryan A. Stevenson argued the cause for petitioner.
With him on the briefs was
Robert B. McDuff
Paul M. Smith argued the cause for respondent. With him on the
brief were Donald B. Verrilli, Thomas
J. Perrelli, James W
Webb, Kendrick E. Webb, Daryl L. Masters, and Bart Harmon.
*
*Briefs of amici curiae urging reversal were filed for the
United States by Acting Solicitor General Dellinger, Acting
Assistant Attorney General Pinzler, Deputy Solicitor General
Waxman, Lisa Schiavo Blatt, and Miriam R. Eisenstein; for the
American Civil Liberties Union et al. by Steven R. Shapiro, Paul C.
Saunders, Marc L. Fleischaker, Norman Redlich, Barbara R. Arnwine,
Thomas
J. Henderson, Mitchell F. Dolin, and Robert A. Long,
Jr.; and for the Southern States Police Benevolent Association by
J. Michael McGuinness.
Briefs of
amici curiae urging affirmance were filed for
Jefferson County, Alabama, by
Jeffrey M. Sewell and
Charles S.
Wagner; and for the National Association
of Counties et al. by
Richard Ruda and
James I.
Crowley.
783
CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.
Petitioner sued Monroe County, Alabama, under Rev. Stat. § 1979,
42 U. S. C. § 1983, for allegedly unconstitutional actions taken by
Monroe County Sheriff Tom Tate. If the sheriff's actions constitute
county "policy," then the county is liable for them.
Monell
v.
New York City Dept. of Social Servs., 436 U. S. 658, 694
(1978). The parties agree that the sheriff is a "policymaker" for §
1983 purposes, but they disagree about whether he is a policymaker
for Monroe County or for the State of Alabama. We hold that, as to
the actions at issue here, Sheriff Tate represents the State of
Alabama and is therefore not a county policymaker. We thus affirm
the Court of Appeals' dismissal of petitioner's § 1983 claims
against Monroe County.
I
In November 1986, Ronda Morrison was murdered in Monroe County,
a sparsely populated county located in southwest Alabama.
Petitioner and one Ralph Myers were indicted for this crime. Myers
then pleaded guilty to a lesser offense and testified against
petitioner at his trial. A jury convicted petitioner of capital
murder, and the trial court sentenced him to death. After two
remands, the Alabama Court of Criminal Appeals reversed
petitioner's conviction, holding that the State had violated
Brady v.
Maryland, 373 U. S. 83 (1963), by
suppressing statements from Myers that contradicted his trial
testimony and other exculpatory evidence.
McMillian v.
State, 616 So. 2d 933, 942-948 (1993). Thus, after spending
six years in prison, petitioner was released.
He then brought this § 1983 lawsuit in the District Court for
the Middle District of Alabama against respondent Monroe County and
numerous officials, including the three men in charge of
investigating the Morrison murder-Tom Tate, the Sheriff of Monroe
County; Larry Ikner, an investigator with the District Attorney's
office in Monroe County; and Simon Benson, an investigator with the
Alabama Bureau of
784
Investigation. Only two of the officials were sued in their
official capacities-Sheriff Tate and investigator Ikner-and it is
only these official-capacity suits that concern us here.1
Petitioner principally alleged that Tate and Ikner, in their
capacities as officials of Monroe County, not as officers of the
State of Alabama, intimidated Myers into making false statements
and suppressed exculpatory evidence. App. to Pet. for Cert.
26a-33a;
McMillian v.
Johnson, 878 F. Supp. 1473,
1486-1488 (MD Ala. 1995).
The District Court dismissed the claims against Monroe County
and the claims against Tate and Ikner in their official capacities.
The court held that "any unlawful acts of Defendants Tate and Ikner
cannot be said to represent [Monroe] County's policy," because "an
Alabama county has [no] authority to make policy in the area of law
enforcement." App. to Pet. for Cert. 55a. Petitioner appealed the
District Court's decision as to Sheriff Tate. The Court of Appeals
for the Eleventh Circuit affirmed, agreeing with the District Court
that "Sheriff Tate is not a final policymaker for Monroe County in
the area of law enforcement, because Monroe County has no law
enforcement authority."
McMillian v.
Johnson,
88 F.3d
1573, 1583 (1996). We granted certiorari, 519 U. S. 1025
(1996), and now affirm.
II A
We held in
Monell, 436 U. S., at 694, that a local
government is liable under § 1983 for its policies that cause
constitutional torts. These policies may be set by the government's
lawmakers, "or by those whose edicts or acts may fairly be said to
represent official policy."
Ibid. A court's task is to
1 The claims against the defendants in their individual
capacities have proceeded independently in the lower courts, with
some of petitioner's claims surviving motions for summary judgment.
See
McMillian v.
Johnson, 878 F. Supp. 1473,
1544-1545 (MD Ala. 1995).
785
"identify those officials or governmental bodies who speak with
final policymaking authority for the local governmental actor
concerning the action alleged to have caused the particular
constitutional or statutory violation at issue."
Jett v.
Dallas Independent School Dist., 491 U. S. 701, 737
(1989). Here, the parties agree that Sheriff Tate has "final
policymaking authority" in the area of law enforcement. They
sharply disagree, however, about whether Alabama sheriffs are
policymakers for the State or for the county when they act in a law
enforcement capacity.2
In deciding this dispute, our inquiry is guided by two
principles. First, the question is not whether Sheriff Tate acts
for Alabama or Monroe County in some categorical, "all or nothing"
manner. Our cases on the liability of local governments under §
1983 instruct us to ask whether governmental officials are final
policymakers for the local government in a particular area, or on a
particular issue. See
ibid. (court must identify "those
officials who have the power to make official policy
on a
particular issue" (emphasis added));
id., at 738
(question is whether school district superintendent "possessed
final policymaking authority
in the area of employee
transfers" (emphasis added));
St. Louis v.
Praprotnik, 485 U. S. 112, 123 (1988)
(plurality opinion) ("[T]he challenged action must have been taken
pursuant to a policy adopted by the official or officials
responsible under state law for making policy
in that area
of the city's business"). Thus, we are not seeking to make a
characterization of Alabama sheriffs that will hold true for every
type of official action they engage in. We simply ask whether
Sheriff Tate repre-
2We have explained that a suit against a governmental officer
"in his official capacity" is the same as a suit" 'against [the]
entity of which [the] officer is an agent,'"
Kentucky v.
Graham, 473 U.
S. 159, 165 (1985) (quoting
Monell v.
New York City
Dept. of Social Servs., 436 U. S. 658, 690, n. 55
(1978)), and that victory in such an "official-capacity" suit
"imposes liability on the entity that [the officer] represents,"
Brandon v.
Holt, 469 U. S. 464,471 (1985).
786
sents the State or the county when he acts in a law enforcement
capacity.
Second, our inquiry is dependent on an analysis of state law.
Cf.
Jett, supra, at 737 (" '[W]hether a particular official
has "final policymaking authority" is a question of
state law'
" (quoting, with original emphasis,
Praprotnik, supra,
at 123 (plurality opinion)));
Pembaur v.
Cincinnati,
475 U. S. 469,
483 (1986) (plurality opinion) (same). This is not to say that
state law can answer the question for us by, for example, simply
labeling as a state official an official who clearly makes county
policy. But our understanding of the actual function of a
governmental official, in a particular area, will necessarily be
dependent on the definition of the official's functions under
relevant state law. Cf.
Regents of Univ. of Cal. v.
Doe, 519 U. S.
425, 429, n. 5 (1997) ("[The] federal question can be answered
only after considering the provisions of state law that define the
agency's character").
B
The Court of Appeals for the Eleventh Circuit determined that
under Alabama law, a sheriff acting in his law enforcement capacity
is not a policymaker for the county. Since the jurisdiction of the
Court of Appeals includes Alabama, we defer considerably to that
court's expertise in interpreting Alabama law.3 See
Jett,
supra, at 738 ("We think the Court of Appeals [for the Fifth
Circuit], whose expertise in interpreting Texas law is greater than
our own, is in a better position to determine whether [the school
district superintendent] possessed final policymaking authority in
the area of employee transfers");
Pembaur, supra, at 484, n.
13 ("We
3We note that two of the three judges on the Eleventh Circuit's
panel are based in Alabama. In addition, this is the second
Eleventh Circuit panel to have reached this conclusion. See
Swint v.
Wadley, 5 F.3d
1435, 1450-1451 (1993), vacated for lack of appellate
jurisdiction,
514 U.
S. 35 (1995).
787
generally accord great deference to the interpretation and
application of state law by the courts of appeals").
We begin with the Alabama Constitution, "the supreme law of the
state."
Alexander v.
State ex rel. Carver, 150 So. 2d
204, 208 (Ala. 1963). We agree with the Court of Appeals that the
constitutional provisions concerning sheriffs, the historical
development of those provisions, and the interpretation given them
by the Alabama Supreme Court strongly support Monroe County's
contention that sheriffs represent the State, at least for some
purposes. Alabama's Constitution, adopted in 1901, states that
"[t]he executive department shall consist of a governor, lieutenant
governor, attorney-general, state auditor, secretary of state,
state treasurer, superintendent of education, commissioner of
agriculture and industries, and a sheriff for each county." Ala.
Const. of 1901, Art. V, § 112. This designation is especially
important for our purposes, because although every Alabama
Constitution has included sheriffs as constitutional officers and
has provided for their election by county voters, see Ala. Const.
of 1819, Art. IV, § 24; Ala. Const. of 1861, Art. IV, § 24; Ala.
Const. of 1865, Art. VII, § 3; Ala. Const. of 1867, Art. V, § 21;
Ala. Const. of 1875, Art. V, § 26; Ala. Const. of 1901, Art. V, §
138, sheriffs have not always been explicitly listed as members of
the state "executive department." Thus, the 1867 Constitution
listed only the "governor, lieutenant governor, secretary of state,
auditor, treasurer, and attorney general" as constituting "the
executive department." Ala. Const. of 1867, Art. V, § 1. This
changed with the 1875 Constitution, when sheriffs and the
superintendent of education were added to the list. Ala. Const. of
1875, Art. V, § 1.4
4 Executive department officers have to take the constitutional
oath of office, Ala. Const. of 1901, Art. XVII, § 279; Ala. Const.
of 1875, Art. XV, § 1, and are required to submit written reports
to the Governor on demand. Submitting a false report was originally
a crime, Ala. Const. of 1875, Art. V, § 9, and is now an
impeachable offense, Ala. Const. of 1901, Art. V, § 121.
788
The framers of the 1901 Constitution took two significant steps
in an attempt to solidify the place of sheriffs in the executive
department, and to clarify that sheriffs were acting for the State
when exercising their law enforcement functions. First, faced with
reports that sheriffs were allowing mobs to abduct prisoners and
lynch them, the framers made such "neglect" by sheriffs an
impeachable offense. See Ala. Const. of 1901, Art. V, § 138
("Whenever any prisoner is taken from jail, or from the custody of
any sheriff or his deputy, and put to death, or suffers grievous
bodily harm, owing to the neglect, connivance, cowardice, or other
grave fault of the sheriff, such sheriff may be impeached");
State ex rel. Garber v.
Cazalas, 162 Ala. 210, 50 So.
296 (1909) (sheriff's failure to close jail doors, resulting in
lynching of prisoner, constitutes impeachable offense); M.
McMillan, Constitutional Development in Alabama, 1789-1901, p. 338,
n. 186 (1955) (impeachment provision resulted in "much progress
made against lynching").
Second, authority to impeach sheriffs was moved from the county
courts to the State Supreme Court, because of "[t]he failure of
county courts to punish sheriffs for neglect of duty."
Parker v.
Amerson, 519 So. 2d 442, 443 (Ala. 1987).
One of the primary purposes of this change, proposed by ex-Governor
Thomas Goode Jones at the 1901 Convention, was "to augment the
power of the Governor."
Id., at 444. After this change, the
Governor could order the State Supreme Court, rather than the
county court, to begin impeachment proceedings against a wayward
sheriff, and would not have to worry that local support for the
sheriff would annul his effort at centralized control. See
ibid.; Strengthening the Power of the Executive, Address of
Emmet O'Neal, Governor of Alabama, pp. 9-10 (Sept. 12, 1911) (new
impeachment provision increases Governor's control of sheriffs and
"gives the Executive real power which is respected and feared").
Thus, sheriffs now share the same impeachment procedures as state
legal officers and lower state court judges, Ala. Const. of 1901,
Art. VII, § 174,
789
rather than county and municipal officers, Ala. Const. of 1875,
Art. VII, § 3.
Critically for our case, the Alabama Supreme Court has
interpreted these provisions and their historical background as
evidence of "the framers' intent to ensure that sheriffs be
considered executive officers of the state."
Parker, 519 So.
2d, at 444. Based primarily on this understanding of the State
Constitution, the court has held unequivocally that sheriffs are
state officers, and that tort claims brought against sheriffs based
on their official acts therefore constitute suits against the
State, not suits against the sheriff's county.
Id., at
443-445.5 Thus, Alabama counties are not liable under a theory of
respondeat superior for a sheriff's official acts that are
tortious.
Id., at 442. The issues in
Parker are
strikingly similar to the ones in the present case, and that
decision is therefore strong evidence in favor of the Court of
Appeals' conclusion that sheriffs act on behalf of the State,
rather than the county, when acting in their law enforcement
capacity.
Turning from the Alabama Constitution to the Alabama Code, the
relevant provisions are less compelling, but still support the
conclusion of the Court of Appeals to some extent. Section 36-22-3
of the code sets out a sheriff's duties. First, a sheriff must
"attend upon" the state courts in his county, must "obey the lawful
orders and directions" of those courts, and must "execute and
return the process and orders" of any state court, even those
outside his county. Ala. Code §§ 36-22-3(1), (2) (1991). Thus,
judges (who are state officers, see Ala. Const. of 1901, Arndt.
328, § 6.01) may order
5 As a result of this holding and the State Constitution's
sovereign immunity provision, see Ala. Const. of 1901, Art. I, § 14
("[T]he State of Alabama shall never be made a defendant in any
court of law or equity"), the Alabama Supreme Court has held that a
sheriff is absolutely immune from all suits for damages based on
his official acts.
Parker v.
Amerson, 519 So. 2d 442,
446 (Ala. 1987). See also
King v.
Colbert County, 620
So. 2d 623, 626 (Ala. 1993);
Boshell v.
Walker County
Sheriff, 598 So. 2d 843, 844 (Ala. 1992);
Hereford v.
Jefferson County, 586 So. 2d 209, 210 (Ala. 1991).
790
the sheriff to take certain actions, even if the judge sits in a
distant county. And under Ala. Code § 12-17-24 (1995), the
presiding circuit judge "exercise[s] a general supervision" over
the county sheriffs in his circuit,6 just as if the sheriffs are
normal "court [i.
e., state] employees," see § 12-17-l.
Second, the sheriff must give to the county treasurer a sworn
written statement detailing the funds he has received for the
county since his last statement, and must pay these funds to the
treasurer. § 36-22-3(3). In contrast to the state judges, however,
the county treasurer does not appear to have any statutory
authority to direct the sheriff to take specific actions.
Third and most importantly, "[i]t shall be the duty of sheriffs
in their respective counties, by themselves or deputies, to ferret
out crime, to apprehend and arrest criminals and, insofar as within
their power, to secure evidence of crimes in their counties and to
present a report of the evidence so secured to the district
attorney or assistant district attorney for the county." §
36-22-3(4). By this mandate, sheriffs are given complete authority
to enforce the state criminal law in their counties. In contrast,
the "powers and duties" of the counties themselves-creatures of the
State who have only the powers granted to them by the State,
Alexander, 150 So. 2d, at 206-do not include any provision
in the area of law enforcement. Ala. Code § 11-3-11 (1989). Thus,
the "governing body" of the counties-which in every Alabama county
is the county commission, see
Calvert v.
Cullman County
Comm'n, 669 So. 2d 119 (Ala. 1995) (citing § 111-5)-cannot
instruct the sheriff how to ferret out crime, how to arrest a
criminal, or how to secure evidence of a crime. And when the
sheriff does secure such evidence, he has an obligation to share
this information not with the county commission, but with the
district attorney (a state official, see
Hooks v.
Hitt, 539 So. 2d 157, 159 (Ala. 1988)).
6 Seventeen of the forty judicial circuits in Alabama contain
more than one county, including the circuit in which Monroe County
sits. Ala. Code § 12-11-2 (1995).
791
While the county commission thus has no direct control over how
the sheriff fulfills his law enforcement duty, the Governor and the
attorney general do have this kind of control. Pursuant to §
36-22-5, they can direct the sheriff to investigate "any alleged
violation of law in their counties." And after "proceed[ing]
promptly" to complete this investigation, the sheriff must
"promptly" write a report to the state official in charge of the
investigation, stating his findings, listing the witnesses he has
secured, and summarizing what the witnesses can prove.
Ibid.
In addition, the salaries of all sheriffs are set by the state
legislature, not by the county commissions. §36-22-16.
To all of this, petitioner counters with four important
provisions that cut in favor of the conclusion that sheriffs are
county officials. First, the sheriff's salary is paid "out of the
county treasury."
Ibid. Second, the county provides the
sheriff with equipment (including cruisers), supplies, lodging, and
reimbursement for expenses, to the extent "reasonably needed for
the proper and efficient conduct of the affairs of the sheriff's
office." § 36-22-18. Third, the sheriff's jurisdiction is limited
to the borders of his county. See,
e. g., §
36-22-3(4) ("It shall be the duty of sheriffs
in their
respective counties ... to ferret out crime" (emphasis added)).
Fourth, the sheriff is elected locally by the voters in his county
(as he has been since Alabama's 1819 Constitution). See Ala. Const.
of 1901, Art. V, § 138; Ala. Const. of 1819, Art. IV, § 24.
We do not find these provisions sufficient to tip the balance in
favor of petitioner. The county's payment of the sheriff's salary
does not translate into control over him, since the county neither
has the authority to change his salary nor the discretion to refuse
payment completely. The county commissions do appear to have the
discretion to deny funds to the sheriffs for their operations
beyond what is "reasonably necessary." See
Etowah County
Comm'n v.
Hayes, 569 So. 2d 397, 399 (Ala. 1990)
(per
curiam). But at most, this
792
discretion would allow the commission to exert an attenuated and
indirect influence over the sheriff's operations.
Petitioner's contention that sheriffs are county officials
because "state policymakers" typically make policy for the entire
State (without limits on their jurisdiction) and are typically
elected on a statewide (not local) basis, surely has some force.
But district attorneys and state judges are often considered (and
in Alabama are considered) state officials, even though they, too,
have limited jurisdictions and are elected locally. These
characteristics are therefore consistent with an understanding of
the 67 Alabama sheriffs as state officials who have been locally
placed throughout the State, with an element of control granted to
the officials and residents of the county that receives the
sheriff's services.7
7Petitioner also makes three other points that we believe have
little merit. First, he points out that when the sheriff's office
is vacant or when the sheriff is incapacitated, it is the county
coroner that fills in for the sheriff. Ala. Code § 11-5-5 (1989).
We note that this temporary assignment only lasts until the
Governor appoints a replacement for the sheriff, who then serves
out the remainder of the sheriff's term. Ala. Code § 369-17 (1991).
Thus, even assuming that the county coroner is a county official,
we place little weight on this assignment of temporary
responsibility, which by its nature must fall to an official who is
already in the county and available to step in for the sheriff at
any time. Second, petitioner cites several instances in the code
where a group of officials that includes the sheriff is designated
a group of "county officials" or "county employees." See,
e.
g., §§36-3-4, 36-15-1, 36-22-16. But in light of the Alabama
Supreme Court's conclusion that (i) sheriffs are state officials
according to the State Constitution, see
Parker, 519 So. 2d,
at 443, and (ii) contrary statements in that court's prior
decisions had ignored the Constitution and therefore should not be
followed,
id., at 445 (citing, among other cases,
In re
Opinions of Justices, 225 Ala. 359, 143 So. 345 (1932)), we
think that any contrary implication in the code is entitled to
little weight. Finally, petitioner relies on the Monroe County
Commission's insurance policy-which, according to the District
Court, "may cover ... some, but not all, of the claims made
against" Monroe County and Sheriff Tate in this suit, App. to Pet.
for Cert. 77a-to establish that the commission will pay any
judgment rendered against Sheriff Tate. But this policy shows, at
the most, that there was uncertainty as to whether the courts would
con-
793
In sum, although there is some evidence in Alabama law that
supports petitioner's argument, we think the weight of the evidence
is strongly on the side of the conclusion reached by the Court of
Appeals: Alabama sheriffs, when executing their law enforcement
duties, represent the State of Alabama, not their counties. Cf.
Praprotnik, 485 U. S., at 125 ("We are not, of course,
predicting that state law will always speak with perfect clarity");
id., at 126-127 ("It may not be possible to draw an elegant
line that will resolve this conundrum").
C
Petitioner argues that this conclusion will create a lack of
uniformity in Alabama and throughout the country. First, he argues
that it is anomalous to have 67 different "state policymakers" in
the person of Alabama's 67 county sheriffs, all of whom may have
different "state law enforcement policies" in their counties.
Second, he points out that most Federal Courts of Appeals have
found county sheriffs to be county, not state, officials, and he
implies that our affirmance of the Court of Appeals will either
call those decisions into question or create an unacceptable
patchwork of rulings as to § 1983 liability of counties for the
acts of their sheriffs. We reject both arguments: The first ignores
the history of sheriffs, and the second ignores our Nation's
federal nature.
English sheriffs (or "shire-reeves") were the King's "reeves"
(officers or agents) in the "shires" (counties), at least after the
Norman Conquest in 1066. See C. Wigan & D. Meston, Mather on
Sheriff and Execution Law 1-2 (1935). Although chosen locally by
the shire's inhabitants, the sheriff did "all the king's business
in the county," 1 W. Blackstone, Commentaries on the Laws of
England 328 (1765), and was "the keeper of the king's peace,"
id., at 332. See also Wigan & Meston,
supra, at 2
("It is this position of the Sher-
sider Sheriff Tate a county policymaker in these circumstances,
not that the county would pay any judgment against him.
794
iff as the executive officer of the Crown which has all along
been the outstanding characteristic of the office").
As the basic forms of English government were transplanted in
our country, it also became the common understanding here that the
sheriff, though limited in jurisdiction to his county and generally
elected by county voters,S was in reality an officer of the State,
and ultimately represented the State in fulfilling his duty to keep
the peace. See,
e. g., Wager, Introduction, in County
Government Across the Nation 5 (P. Wager ed. 1950) ("The office of
sheriff has an unbroken lineage from the Anglo-Saxon
shire-reeve"); 1 W. Anderson, A Treatise on the Law of
Sheriffs, Coroners and Constables 5 (1941) ("In the exercise of
executive and administrative functions, in conserving the public
peace, in vindicating the law, and in preserving the rights of the
government, he (the sheriff) represents the sovereignty of the
State and he has no superior in his county"); R. Cooley, Handbook
on the Law of Municipal Corporations 512 (1914) ("Sheriffs,
coroners, clerks and other so-called county officers are properly
state officers for the county. Their functions and duties pertain
chiefly to the affairs of state in the county"); 3 J. Bouvier,
Bouvier's Law Dictionary 3058 (8th ed. 1914) (defining sheriff as
"[a] county officer representing the executive or administrative
power of the state within his county").
This historical sketch indicates that the common law itself
envisioned the possibility that state law enforcement "policies"
might vary locally, as particular sheriffs adopted varying
practices for arresting criminals or securing evidence.9
8 See W. Murfree, A Treatise on the Law of Sheriffs and Other
Ministerial Officers 6 (1890) (sheriffs elected by county voters in
all States but two).
9Cf.
McMillian v.
Johnson, 88
F.3d 1573, 1579
(CA111996) ("[W]e see no anomaly in
having different state policymakers in different counties. Such a
situation would be no different than if each of a city's police
precinct commanders had unreviewable authority over how arrestees
were processed. Each commander might have a different processing
policy, but that does not render a commander's policy that of her
precinct as opposed to that of the city when the city is sued under
§ 1983").
795
Thus, petitioner's disagreement with the concept that "county
sheriffs" may actually be state officials is simply a disagreement
with the ancient understanding of what it has meant to be a
sheriff.
Petitioner's second concern is that under our holding here,
sheriffs will be characterized differently in different States. But
while it might be easier to decide cases arising under § 1983 and
Monell if we insisted on a uniform, national
characterization for all sheriffs, such a blunderbuss approach
would ignore a crucial axiom of our government: the States have
wide authority to set up their state and local governments as they
wish. Understandably, then, the importance of counties and the
nature of county government have varied historically from region to
region, and from State to State. See,
e. g., Wager,
supra, at 5-8 (describing different systems of rural
government that developed in the Massachusetts, New York,
Pennsylvania, and Virginia colonies, which later resulted in
counties having widely varying roles in the four regions); Martin,
American County Government, in County Governments in an Era of
Change 3-5 (P. Berman ed. 1993) (same); DeSantis & Renner,
Governing the County,
id., at 16-25 (describing varying
levels of power currently exercised by counties in different
States, and explaining how regional influences have resulted in
different forms of county government in different States);
id., at 19 (listing Alabama as 37th among the 50 States in
amount of discretionary authority granted to its counties). Thus,
since it is entirely natural that both the role of sheriffs and the
importance of counties vary from State to State, there is no
inconsistency created by court decisions that declare sheriffs to
be county officers in one State, and not in another.10
10 Compare,
e. g., Strickler v.
Waters, 989 F.2d
1375, 1390
(CA4 1993) (Virginia "city sheriff" does not
set city policy in area of jail conditions);
Thompson v.
Duke, 882 F.2d
1180, 1187
(CA7 1989) (Illinois sheriff does not set
county policy in area of training jail employees, because county
board of commissioners has no authority to set policy in this
area), with
Dotson v.
Chester, 937
F.2d 920, 926-928
(CA4 1991) (Maryland sheriff
796
The final concern of petitioner and his
amici is that
state and local governments will manipulate the titles of local
officials in a blatant effort to shield the local governments from
liability. But such efforts are already foreclosed by our decision
in
Praprotnik. See 485 U. S., at 127 (plurality opinion)
("[E]gregious attempts by local governments to insulate themselves
from liability for unconstitutional policies are precluded" by
allowing plaintiffs to prove that "a widespread practice" has been
established by "'custom or usage' with the force of law"). And
there is certainly no evidence of such manipulation here; indeed,
the Alabama provisions that cut most strongly against petitioner's
position predate our decision in
Monell by some time.
The judgment of the Court of Appeals is therefore
Affirmed.
JUSTICE GINSBURG, with whom JUSTICE STEVENS, JusTICE SOUTER, and
JUSTICE BREYER join, dissenting.
Petitioner Walter McMillian, convicted of capital murder, spent
nearly six years on Alabama's Death Row. In 1993, the Alabama Court
of Criminal Appeals determined that government officials, including
the Sheriff of Monroe County, had concealed evidence of McMillian's
innocence. Based on that evidence, the court overturned the
conviction. The State thereafter dismissed all charges against
McMillian and released him from prison.
sets county policy in area of jail conditions, based on
exhaustive survey of Maryland law; citing no constitutional
provision to the contrary);
Davis v.
Mason County,
927 F.2d
1473, 1480
(CA9 1991) (Washington sheriff sets county
policy in area of training deputy sheriffs, based on statutory
provision labeling sheriff "chief executive officer ... of the
county"; citing no constitutional provision to the contrary
(internal quotation marks omitted));
Turner v.
Upton
County, 915 F.2d
133, 136-137
(CA5 1990) (Texas sheriff sets county
policy in area of law enforcement, based on "unique structure of
county government in Texas"; citing no constitutional provision to
the contrary (internal quotation marks omitted));
Crowder v.
Sinyard, 884 F.2d
804, 828
(CA5 1989) (Arkansas sheriff sets county policy
in area oflaw enforcement; citing no constitutional provision to
the contrary).
797
Seeking redress for an arrest and years of incarceration in
violation of his federal constitutional rights, McMillian commenced
the instant action under 42 U. S. C. § 1983. He named as defendants
both Monroe County and the County's Sheriff, Tom Tate. McMillian
alleged that Sheriff Tate withheld exculpatory evidence, generated
false, inculpatory evidence, and subjected him to gross racial
insults and relentless intimidation.
Sheriff Tate, it is uncontested, has "final policymaking
authority" under Alabama law over matters of law enforcement in
Monroe County. Our precedent instructs that, if the sheriff makes
policy for the State, Monroe County would not be accountable, under
§ 1983, for that policy; if, on the other hand, the sheriff acts as
law enforcement policymaker for Monroe County, then the county
would be answerable under § 1983. See
Monell v.
New York
City Dept. of Social Servs., 436 U. S. 658, 694
(1978).
Alabama has 67 county sheriffs, each elected, paid, and equipped
locally, each with countywide, not statewide, authority. Unlike
judges who work within the State's judicial hierarchy, or
prosecutors who belong to a prosecutorial corps superintended by
the State's Attorney General, sheriffs are not part of a state
command and serve under no "State Sheriff General." The Court,
nonetheless, holds that the policies set by Sheriff Tate in Monroe
County, though discrete from, and uncoordinated with, the policies
of sheriffs in other counties, "may fairly be said to represent
[Alabama] policy." See
ibid. I disagree.
I
In my view, Alabama law defining the office of sheriff indicates
that the sheriff acts within and for the county when setting and
implementing law enforcement policy.l In ex-
1 The Court observes that this Court must "defer considerably"
to the Eleventh Circuit's construction of Alabama law. See
ante, at 786. But cf.
Salve Regina College v.
Russell, 499
U. S. 225, 231 (1991) (courts of appeals review
de novo
district courts' state-law determinations). Deference, however,
does not supplant careful review, see
St. Louis v.
Praprot-
798
plaining why it concludes otherwise and deems the sheriff the
State's, not the county's, policymaker, the Court leans heavily on
provisions of the State's Constitution. The Court relies on the
Alabama Constitution's designation of "a sheriff for each county"
as a member of the State's "executive department." See Ala. Const.,
Art. V, § 112;
ante, at 787. In addition, the Court points
to two 1901 amendments relating to the impeachment of sheriffs. See
ante, at 788-789. These measures are the strongest supports
for the Court's classification of county sheriffs as state actors.
They are not sturdy enough, however, to justify the Court's holding
that county sheriffs are state officials.
Alabama law does not consistently designate sheriffs as
"executive department" officers; instead, Alabama law in several
instances refers to sheriffs as county officials. See
In re
Opinions of Justices, 225 Ala. 359, 143 So. 345 (1932)
(sheriffs are county officers for purposes of 1912 constitutional
amendment regarding county officers' salaries); Ala. Code §
36-3-4(a) (1991) (sheriff, a "county officer," shall be elected to
four-year term); Ala. Code § 36-22-16(a) (1991) (sheriffs shall be
compensated out of the county treasury in same manner as "other
county employees"). Moreover, designations Alabama attaches to
sheriffs in its laws and decisions are not dispositive of a court's
assessment of Sheriff Tate's status for § 1983 purposes. Cf.
Regents of Univ. of Cal. v.
Doe, 519 U. S. 425, 429, n. 5
(1997);
Howlett v.
Rose, 496 U. S. 356, 376 (1990)
(defenses to § 1983 actions are questions of federal law);
Martinez v.
California, 444 U. S. 277, 284, and
n. 8 (1980) (state law granting immunity to parole officers does
not control question whether such officers have immunity under §
1983). If a State's designation sufficed to answer the federal
question at issue, "States would then be
nik, 485 U.
S. 112, 129-130, 131-132 (1988) (plurality opinion) (reversing
Court of Appeals determination that certain city officials were
municipal policymakers), and, in any event, has little place here
because the Court's reasoning differs substantially from that of
the Eleventh Circuit.
799
free to nullify for their own people the legislative decisions
that Congress has made on behalf of all the People."
Howlett, 496 U. S., at 383.
Nor are the 1901 impeachment measures secure indicators that a
sheriff acts on behalf of the State, not the county. As the Court
explains, the impeachment amendments were intended to provide a
state check on county sheriffs in view of their glaring lapses in
acquiescing to abductions and lynchings in the late 1800's. See
ante, at 788. However, making an officer eligible for
impeachment, by itself, does not change the governmental unit to
which the officer belongs. See Ala. Const., Art. VII, § 175
(listing numerous county officials subject to impeachment); Ala.
Code §36-11l(a) (1991) (same). And transferring impeachment
proceedings from county courts to the State Supreme Court, see Ala.
Const., Art. VII, § 174, is sensibly seen as an acknowledgment of
the power wielded by sheriffs within their own counties, and the
consequent need for placement of removal authority outside a
sheriff's bailiwick. Furthermore, impeachment of sheriffs is not a
power reserved exclusively to state officials; "five resident
taxpayers" of the sheriff's county can initiate an impeachment. See
Ala. Code § 3611-6 (1991). Impeachment, in sum, provides an
ultimate check on flagrant behavior, but does not serve as a tight
control rein.
The prime controllers of a sheriff's service are the county
residents, the people who select their sheriff at quadrennial
elections. Sheriff Tate owes his position as chief law enforcement
officer of Monroe County to the county residents who elected him,
and who can unseat him. See Ala. Const., Art. V, § 138, as amended
by Amdt. No. 35 ("A sheriff shall be elected in each county by the
qualified electors thereof .... "). On the ballot, candidates for
the office of sheriff are grouped with candidates for other county
offices, and are not listed with state office candidates. See Ala.
Code § 17-8-5 (1995).
800
Traditionally, Alabama sheriffs have had autonomy to formulate
and execute law enforcement policy within the geographic confines
of their counties. Under Alabama law, "[i]t shall be the duty of
sheriffs
in their respective counties ... to ferret out
crime, to apprehend and arrest criminals and ... to secure evidence
of crimes." Ala. Code § 36-22-3(4) (1991) (emphasis added); see
also Ala. Code § 15-6-1 (1995) ("The sheriff is the principal
conservator of the peace
in his county, and it is his duty
to suppress riots, unlawful assemblies and affrays. In the
execution of such duty, he may summon to his aid as many of the men
of his county as he thinks proper." (emphasis added)); § 15-10-1
(sheriffs may make arrests "within their respective counties").
Monroe County pays Sheriff Tate's salary, see Ala. Code §
36-22-16(a) (1991) (sheriffs shall be paid "out of the county
treasury as the salaries of other county employees are paid"), and
the sheriff operates out of an office provided, furnished, and
equipped by the county, see § 36-22-18. The obligation to fully
equip the sheriff is substantial, requiring a county commission to
"furnish the sheriff with the necessary quarters, books,
stationery, office equipment, supplies, postage and other
conveniences and equipment, including automobiles and necessary
repairs, maintenance and all expenses incidental thereto."
Ibid. These obligations are of practical importance, for
they mean that purse strings can be pulled at the county level; a
county is obliged to provide a sheriff only what is
"reasonably
needed for the proper and efficient conduct of the affairs of
the sheriff's office,"
ibid. (emphasis added). How
generously the sheriff will be equipped is likely to influence that
officer's day-to-day conduct to a greater extent than the remote
prospect of impeachment. See
ibid.; see also
Geneva Cty.
Comm'n v.
Tice, 578 So. 2d 1070, 1075 (Ala. 1991)
(county may reasonably limit budget for overtime pay for sheriff's
deputies); Ala. Code § 36-22-16(a) (1991) (sheriff's salary, paid
by county, may be
801
increased "by law by general or local act"); § 36-22-3(3)
(sheriff must render to county treasurer a periodic written
statement of moneys collected by sheriff on behalf of county).
Sheriff Tate, in short, is in vital respects a county
official.
Indeed, one would be hard pressed to think of a single official
who more completely represents the exercise of significant power
within a county. See
Pembaur v.
Cincinnati, 746 F.2d
337, 340-341 (CA6 1984) (sheriff elected by residents of county
to be county's chief law enforcement officer, paid and equipped by
county, is "obvious[ly]" a county official), rev'd on other
grounds,
475 U. S.
469 (1986).2
The Court observes that it is "most importan[t]" to its holding
that Alabama sheriffs "are given complete authority to enforce the
state criminal law in their counties." See
ante, at 790. If
the Court means to suggest that Sheriff Tate should be classified
as a state actor because he is enforcing
state (as opposed
to county or municipal) law, the Court proves far too much. Because
most criminal laws are of statewide application, relying on whose
law the sheriff enforces yields an all-state categorization of
sheriffs, despite the Court's recognition that such blanket
classification is inappropriate. See
ante, at 786. Sheriffs
in Arkansas, Texas, and Washington, just like sheriffs in Alabama,
enforce
2 The majority of Courts of Appeals to have addressed this
question have similarly concluded that sheriffs, when engaged in a
variety of activities, are county actors. See,
e. g., cases
cited
ante, at 795-796, n. 10; see also
Parker v.
Williams, 862 F.2d
1471, 1477-1481 (CAll 1989) (Alabama sheriff acts for county in
hiring chief jailor);
Lucas v.
O'Loughlin, 831 F. 2d
232, 234-235 (CAll 1987) (Florida sheriff acts for county in hiring
and firing deputies);
Weber v.
Dell, 804 F.2d
796, 802-803
(CA2 1986) (New York sheriff acts for
county in setting county jail strip search policy);
Marchese
v.
Lucas, 758 F.2d
181, 188-189
(CA6 1985) (Michigan sheriff acts for
county in training deputies and ratifying deputies' use of force);
Blackburn v.
Snow, 771 F.2d
556, 571
(CA1 1985) (Massachusetts sheriff acts for
county in setting county jail strip search policy). But see
Soderbeck v.
Burnett, 821 F.2d
446, 451-452
(CA7 1987) (Wisconsin sheriff acts on
behalf of State, not county, in hiring and firing employees).
802
the State's law, but that does not make them policymakers for
the State rather than the county. See
ante, at 795-796,
n.10.
In emphasizing that the Monroe County Commission cannot instruct
Sheriff Tate how to accomplish his law enforcement mission, see
ante, at 790, the Court indirectly endorses the Eleventh
Circuit's reasoning: Because under Alabama law a county commission
does not possess law enforcement authority, a sheriff's law
enforcement activities cannot represent county policy. See
McMillian v.
Johnson, 88 F.3d
1573, 1578 (CAll 1996). There is an irony in this approach:
If a county commission lacks law enforcement authority, then the
sheriff becomes a state official; but if a county commission
possesses such authority and directs the sheriff's activities, then
the sheriff presumably would not be
afinal policymaker in
the realm of law enforcement, see
St. Louis v.
Praprotnik, 485 U. S. 112, 127 (1988)
(plurality opinion).
Moreover, in determining who makes county policy, this Court has
never reasoned that all policymaking authority must be vested in a
single body that either exercises that power or formally delegates
it to another. Few local governments would fit that rigid model.
Cf.
id., at 124-125 ("The States have extremely wide
latitude in determining the form that local government takes ....
[O]ne may expect to find a rich variety of ways in which the power
of government is distributed among a host of different officials
and official bodies."). Nor does
Monell support such a
constricted view of the exercise of municipal authority; there, we
spoke of § 1983 liability for acts by "lawmakers
or by those
whose edicts or acts may fairly be said to represent official
policy." 436 U. S., at 694 (emphasis added). In this case, Sheriff
Tate is "the county's final policymaker in the area of law
enforcement, not by virtue of delegation by the county's governing
body but, rather, by virtue of the office to which the sheriff has
been elected."
Turner v.
Upton Cty., 915 F.2d
133, 136 (CA5 1990); see also
Blackburn v.
Snow,
771 F.2d
556, 571 (CAl1985); accord,
Vera v.
Tue, 73
803
F. 3d 604, 609 (CA5 1996) ("[T]he Sheriff, an elected county
official [in Texas], had equal authority to the county
commissioners in that jurisdiction [so] that his actions
constituted those of the county just as much as those of the
commissioners."). An Alabama sheriff is a county policymaker
because he independently exercises law enforcement authority for
the county. In this most crucial respect, the Alabama arrangement
resembles the "unique structure of county government" in Texas. See
Turner, 915 F. 2d, at 136-137, cited
ante, at 796, n.
10.
The Court also suggests that because the Governor can direct a
sheriff to investigate a violation of law in the county, an Alabama
sheriff must be a state, not a county, official. See
ante,
at 791 (citing Ala. Code § 36-22-5 (1991)). It is worth noting that
a group of county citizens can likewise trigger an investigation by
the sheriff. See § 36-22-6(b). The respondent, Monroe County, did
not inform us whether the Governor directs county sheriffs to
conduct investigations with any regularity. More important, there
is no suggestion that Sheriff Tate was proceeding under the
Governor's direction when Tate pursued the investigation that led
to McMillian's Death Row confinement. If Sheriff Tate were acting
on instruction from the Governor, this would be a very different
case. But the bare possibility that a Governor might sometime
direct a sheriff's law enforcement activities does not lessen the
sheriff's authority, as the final county policymaker, in the
general run of investigations the sheriff undertakes.
II
The Court's reliance on "the ancient understanding of what it
has meant to be a sheriff,"
ante, at 795, is no more
persuasive than its interpretation of Alabama law. This emphasis on
the historical understanding of the office of sheriff implies,
again, an all-state categorization of sheriffs throughout the
Nation; but because the Court expressly disclaims such a
"blunderbuss" approach,
ibid., that cannot be what
804
this history lesson is intended to convey. In England, it is
true, the sheriff did perform "the king's business in the county."
1 W. Blackstone, Commentaries *339. But the English sheriff, as
Blackstone described him, was far closer to the crown than his
contemporary counterpart is to the central state government. While
sheriffs were for a time chosen locally, "[t]his election,"
according to Blackstone, "was in all probability not absolutely
vested in the [inhabitants of the counties], but required the royal
approbation."
Id., at *340. Eventually, the king chose the
sheriff from a list proposed by the judges and other great
officers. See
id., at *340-*341.
Whatever English history may teach, "[t]hroughout U. S. history,
the sheriff has remained the principal law enforcement officer in
the county." G. Felkenes, The Criminal Justice System: Its
Functions and Personnel 53 (1973); see
id., at 52-53
(referring specifically to Alabama sheriffs). In the United States,
"[i]n order to reserve control over the sheriff's department and
its police functions, the people made the sheriff an elective
officer."
Id., at 53. It is this status as the county's law
enforcement officer chosen by the county's residents that is at the
root of the contemporary understanding of the sheriff as a county
officer.
***
A sheriff locally elected, paid, and equipped, who autonomously
sets and implements law enforcement policies operative within the
geographic confines of a county, is ordinarily just what he seems
to be: a county official. Nothing in Alabama law warrants a
different conclusion. It makes scant sense to treat sheriffs'
activities differently based on the presence or absence of state
constitutional provisions of the limited kind Alabama has
adopted.
The Court's Alabama-specific approach, however, assures that
today's immediate holding is of limited reach. The Court does not
appear to question that an Alabama sheriff may still be a county
policymaker for some purposes, such
805
as hiring the county's chief jailor, see
Parker v.
Williams, 862 F.2d
1471, 1477-1481 (CAll 1989). And, as the Court acknowledges,
under its approach sheriffs may be policymakers for certain
purposes in some States and not in others. See
ante, at 795,
and n. 10. The Court's opinion does not call into question the
numerous Court of Appeals decisions, some of them decades old,
ranking sheriffs as county, not state, policymakers. Furthermore,
the Court's recognition of the historic reasons why Alabama listed
sheriffs as members of the State's "executive department," see
ante, at 788789, should discourage endeavors to insulate
counties and municipalities from
Monell liability by
change-the-Iabel devices. Thus, the Court's opinion, while in my
view misguided, does little to alter § 1983 county and
municipalliability in most jurisdictions.
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