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 counties— and 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 fore-closed 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.
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