Randall Williams, as Personal Representative of the Estates of Shanice R. Dantzler-Williams and Miranda R. Dantzler-Williams, et al. v. Charleston County Sheriff’s Office, et al.
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When the State is not liable for a judgment against an entity, what weight should this fact be given in the arm-of-the-state immunity analysis of that entity
In Hess v. Port Auth. Trans-Hudson Corp. , 513 U.S. 30 (1994), the Court held that “the vulnerability of the State’s purse is the most salient factor” in Eleventh Amendment arm-of-the-state immunity analysis. Id. at 48. Respondent Charleston County Sheriffs’ Office (CCSO) is a department of Charleston County, and the County budgets, funds, insures, and indemnifies CCSO solely with County funds. The State of South Carolina is legally prohibited from paying any judgments against any county office, including CCSO. Nonetheless, the decision below held that CCSO was an arm of the state, yet did not consider this ‘most salient factor’ in its analysis. The questions presented are: 1. When the State is not liable for a judgment against an entity, what w eight should this fact be given in the arm-of-the-state immunity analysis of that entity. 2. Whether the Charleston County Sheriff’s Office is an arm of the State of South Carolina for sovereign immunity purposes.