May, 1992, Jackson has alleged that it remains active in the DuPage County Sheriff's computer warrant system and in LEADS. Jackson alleges that defendant Doria violated her constitutional rights by failing implement procedures that would prevent the repeated arrest of one person under a warrant issued for another person. Doria has moved to dismiss, asserting that Jackson has failed to state a claim upon which relief can be granted.
II. Motion to Dismiss Standard
A motion to dismiss should not be granted unless it "appears beyond doubt that the plaintiff can prove no set of facts in support of his claims which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 2 L. Ed. 2d 80, 78 S. Ct. 99 (1957); see also Beam v. IPCO Corp., 838 F.2d 242, 244 (7th Cir. 1988); Ellsworth v. City of Racine, 774 F.2d 182, 184 (7th Cir. 1985), cert. denied, 475 U.S. 1047, 89 L. Ed. 2d 574, 106 S. Ct. 1265 (1986). We take the "well-pleaded allegations of the complaint as true and view them, as well as reasonable inferences therefrom, in the light most favorable to the plaintiff." Balabanos v. North Am. Inv. Group, Ltd., 708 F. Supp. 1488, 1491 n.1 (N.D. Ill. 1988) (citing Ellsworth).
We will first consider whether the Eleventh Amendment shields Doria from liability in the present action. It is well established that official capacity suits against state officials are deemed to be suits against the state, and are therefore barred by the Eleventh Amendment. Will v. Mich. Dept. of State Police, 491 U.S. 58, 70-71, 105 L. Ed. 2d 45, 109 S. Ct. 2304 (1989).
Under Illinois law, however, the Sheriff of DuPage County is a county, rather than state, official. See Ill. Const. art. VII, § 4(c). As such, he is generally not entitled to Eleventh Amendment protection. See Scott v. O'Grady, 975 F.2d 366, 371 (7th Cir. 1992), cert. denied, 124 L. Ed. 2d 643, 113 S. Ct. 2421 (1993). This generalization notwithstanding, a county official can be considered a state official with Eleventh Amendment immunity if he or she "acts as an arm of the Illinois state judicial system in executing Writs of Assistance and other state court orders." Id. Doria maintains that he is entitled to Eleventh Amendment immunity under Scott because he acted as a state official in executing an arrest warrant issued by a state court.
This contention, however, has been repeatedly rejected by judges in this district. For example, in Hvorcik v. Sheahan, No. 92 C 7329, 1993 U.S. Dist. LEXIS 7569, 1993 WL 192948 (N.D. Ill. June 3, 1993), in considering the same argument presented here, the court concluded:
Quite unlike the action implicated in Scott, [Sheriff] Sheahan's activities that are the gravamen of the [complaint] -- those relating to the establishment and maintenance of records as to outstanding warrants do not represent the purely ministerial enforcement of the orders of the state judiciary (they are not the fulfillment of a "statutory, non-discretionary duty" as Scott, 975 F.2d at 371 described what was at issue there).