Inmate litigation: Is the D.A.'s office a state or county entity for purposes of sovereign immunity?

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.

Is a 1983 claim. Your help was priceless. (Another way to say free... but worth so much more.)

Adam, if you'll send me your email, I'll be glad to send you some sample pleadings where we raised 11th Amendment immunity on behalf of our DA.