At least for federal purposes (and invocation of Eleventh Amendment immunity, since federal courts don't recognize Texas' doctrine of sovereign immunity protecting local government entities from a claim under 42 U.S.C. � 1983). If the activity at issue was enforcing state law (e.g., prosecution), it's a state entity. See, e.g., Esteves v. Brock, 106 F.3d 674, 678 (5th Cir.), cert. denied, 522 U.S. 838 (1997). If it's something more like an employment dispute, it's a county entity. See Brown v. Lyford, 243 F.3d 185, 192 (5th Cir.), cert. denied, 534 U.S. 817 (2001).
If it's a state law claim, it's six of one, half a dozen of the other. Sovereign (or governmental, in the case of a county) immunity will apply unless waived. In reality, though, it will be viewed as an arm of the county.
Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001
