LAW OFFICE OF ROBERT K. LINCOLN, P.A.

Land Use and Local Government Law and Litigation

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

A Quick Primer on 11th Amendment and Why sheriffs (and counties) Aren't Immune from 1983 Suits in Federal Court

Ok, off base a bit, but anyone who litigates land use cases against local governments is always wondering about when a section 1983 based civil rights lawsuit might be feasible.

The 11th amendment (well, a very old and very bad US Supreme Court case interpreting it) bars citizens from suing their states in federal court. But certain agencies of the state do not benefit from that "immunity" (you can still raise the federal claims in state court).

This opinion from the 11th Circuit does a good job of laying out the history and function of the rule and how to apply it to sheriffs (the result: in most functions Florida sheriffs do not benefit from 11th amendment protections). It also has a straightforward suitable statement that counties aren't immune as they are treated like municipalities.

46 N. Washington Blvd, Suite 7, Sarasota, FL 34236      Phone (941) 681-8700

Hiring an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask and I will send you free written information about my qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances, or to establish an attorney-client relationship between us.