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Kansas Sheriff Must Face Estate’s Traffic Chase Shooting Suit

May 22, 2020, 6:09 PM

A sheriff for Harvey County in Kansas isn’t entitled to Eleventh Amendment immunity from a lawsuit seeking damages for the shooting of a man following a traffic chase in 2017, the Tenth Circuit said Friday.

Sheriff Chad Gay was acting in his law enforcement capacity as a county actor, not a state actor, the U.S. Court of Appeals for the Tenth Circuit affirmed.

The Eleventh Amendment provides lawsuit immunity to a state and an entity that is an arm of the state, the court said.

But Gay wasn’t a state actor because the Kansas Constitution doesn’t expressly designate sheriffs as...

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