Kevin Hardaway v. Sgt. Dwight Hamilton

• Court: Court of Appeals for the Eleventh Circuit
• Decided: December 19, 2023
• Docket: 22-14320
• Status: Unpublished

Opinion

USCA11 Case: 22-14320 Document: 40-1 Date Filed: 12/19/2023 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 22-14320 Non-Argument Calendar ____________________

KEVIN HARDAWAY, Plaintiff-Appellee, versus DWIGHT HAMILTON, et al.,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:14-CV-0542-CAP ____________________ USCA11 Case: 22-14320 Document: 40-1 Date Filed: 12/19/2023 Page: 2 of 2

21-14278 Opinion of the Court 2

Before JORDAN, NEWSOM, and GRANT, Circuit Judges. PER CURIAM: Kevin Hardaway appeals the district court’s dismissal of his Eighth Amendment official-capacity claims, brought pursuant to 42 U.S.C. § 1983, against Dekalb County and its sheriff. We affirm. The district premised its dismissal order on this circuit’s decision in Manders v. Lee, 338 F.3d 1304, 1328 (11th Cir. 2003 (en banc) (holding that a Georgia sheriff is an arm of the state when establishing use of force policies at a jail and training and disciplinary employees as to use of force). Mr. Hardaway acknowledges Manders and its applicability, but argues that it was wrongly decided and should be overruled by the court sitting en banc. See Appellant’s Br. at 18-42. Manders was a 6-5 decision, and some judges on our court have recently called for its re-evaluation. See Andrews v. Biers, 996 F.3d 1235, 1236 (11th Cir. 2021) (Wilson, J., and Rosenbaum, J., each separately concurring). But as a panel we are bound by Manders and therefore affirm the district court’s order. AFFIRMED.