McMillian v. Monroe County, 520 U.S. 781, 21 (1997)

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

Ginsburg, J., dissenting

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 (CA11 1989) (Alabama sheriff acts for county in hiring chief jailor); Lucas v. O'Loughlin, 831 F. 2d 232, 234-235 (CA11 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 Soder-beck v. Burnett, 821 F. 2d 446, 451-452 (CA7 1987) (Wisconsin sheriff acts on behalf of State, not county, in hiring and firing employees).

801

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