Kevin Hardaway v. Sgt. Dwight Hamilton, et al.

[DO NOT PUBLISH]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: 1 of 2

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22-14320 Opinion of the Court 2
Before J ORDAN , NEWSOM, and G RANT , 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.
USCA11 Case: 22-14320 Document: 40-1 Date Filed: 12/19/2023 Page: 2 of 2

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