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Eleventh Circuit panel rules that it is bound by Circuit precedent to extend Eleventh Amendment immunity from civil liability to county sheriff for alleged sexual assault by deputy at county jail

On May 7, 2021, in Andrews v. Biggers, et al. No. 20-11469, the Eleventh Circuit Court of Appeals affirmed a U.S. district court ruling that the defendant county sheriff in as 42 U.S.C. § 1983 civil rights case involving alleged sexual abuse by a deputy sheriff at a county jail in Georgia was entitled to immunity under the Eleventh Amendment because the county sheriff was acting as an arm of the State when promulgating policies and procedures governing conditions of confinement at the county jail. The majority opinion cited Purcell ex rel. Estate of Morgan v. Toombs County, 400 F.3d 1313 (11th Cir. 2005) as binding precedent. Judges Wilson and Rosenbaum issued separate concurring opinions criticizing Purcell as wrongly decided.