McMillian v. Monroe County, 520 U.S. 781, 3 (1997)

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Cite as: 520 U. S. 781 (1997)

Opinion of the Court

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

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