Brown v. Neumann, 188 F.3d 1289 (11th Cir. 1999). · Go Syfert
Brown v. Neumann, 188 F.3d 1289 (11th Cir. 1999). Cases Citing This Book View Copy Cite
90 citation events (83 in the last 25 years) across 9 distinct courts.
Strongest positive: Dross v. Nienhuis (flmd, 2025-03-28)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Dross v. Nienhuis
M.D. Fla. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a lawsuit against a governmental official in his official capacity is deemed a suit against the municipality or entity that employs him.
discussed Cited as authority (verbatim quote) Posey v. Atlanta Public Schools
N.D. Ga. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a suit against a governmental official in his official capacity is deemed a suit against the entity that he represents.
discussed Cited as authority (quoted) Walter Dunning v. Detective Cohen, Sergeant Harrison, Sergeant Carter, Sergeant Reitler, and Sergeant Saboe
M.D. Fla. · 2026 · quote attribution · 1 verbatim quote · confidence low
we start with the proposition that a suit against a governmental official in his official capacity is deemed a suit against the entity that he represents.
examined Cited as authority (quoted) DeSimone v. Flagler County
M.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
we recognize that our decisions have not been entirely consistent on whether the relevant entity in an official-capacity suit against a sheriff in florida is the county or the sheriff's department (as a unit operating autonomously from the county).
discussed Cited as authority (rule) King v. Lee County
M.D. Fla. · 2025 · confidence medium
“A governmental entity is not liable under [Section] 1983, merely as a matter of respondeat superior, for constitutional injuries inflicted by its employees.” Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999) (emphasis removed and citation omitted).
discussed Cited as authority (rule) Heath v. Miami-Dade County
S.D. Fla. · 2024 · confidence medium
A plaintiff “has two methods by which to establish a county’s policy: identify either (1) an officially promulgated county policy or (2) an unofficial custom or practice of the county shown through the repeated acts of a final policymaker for the county.” Grech, 335 F.3d at 1329–30 (citing Monell, 436 U.S. at 690–91; Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999)).
discussed Cited as authority (rule) Garcia v. Ptak
M.D. Fla. · 2024 · confidence medium
“A governmental entity is not liable under [§] 1983, merely as a matter of respondeat superior, for constitutional injuries inflicted by its employees.” See Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999) (citation omitted).
discussed Cited as authority (rule) Williams v. Polk County Sheriff's Office
M.D. Fla. · 2023 · confidence medium
“A governmental entity is not liable under [§] 1983, merely as a matter of respondeat superior, for constitutional injuries inflicted by its employees.” See Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999) (citation omitted).
discussed Cited as authority (rule) Biedermann v. Ehrhart (2×) also: Cited "see"
N.D. Ga. · 2023 · confidence medium
Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999) (citing Mandel v. Doe, 888 F.2d 783, 792 (11th Cir. 1989)).
discussed Cited as authority (rule) Tuten v. Nocco
M.D. Fla. · 2022 · confidence medium
“A governmental entity is not liable under § 1983, merely as a matter of respondeat superior, for constitutional injuries inflicted by its employees.” Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999) (citation omitted).
discussed Cited as authority (rule) James v. Perez-Lugo
M.D. Fla. · 2022 · confidence medium
“A claim asserted against an individual in his or her official capacity is, in reality, a suit against the entity that employs the individual.” Mann, 588 F.3d at 1309 (citing Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir.1999)).
cited Cited as authority (rule) Maldonado v. Baker County Sheriff's Office
M.D. Fla. · 2021 · confidence medium
Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999).
cited Cited as authority (rule) Joanne Cooper v. John Rutherford
11th Cir. · 2020 · confidence medium
See Lewis v. Clarke, 137 S. Ct. 1285 , 1291 (2017); Kentucky v. Graham, 473 U.S. 159, 165 (1985); Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999).
discussed Cited as authority (rule) Favors v. City of Atlanta
N.D. Ga. · 2020 · confidence medium
A plaintiff may establish a municipality policy by identifying either: “(1) an officially promulgated county policy or (2) an unofficial custom or practice of the county shown through the repeated acts of a final policymaker for the county.” Grech v. Clayton Cty., Ga., 335 F.3d 1326, 1329 (11th Cir. 2003) (citing Monell, 436 U.S. at 690–91; Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999)).
discussed Cited as authority (rule) Matthews v. Leclerc
M.D. Fla. · 2020 · confidence medium
“A governmental entity is not liable under § 1983, merely as a matter of respondeat superior, for constitutional injuries inflicted by its employees.” Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999) (citation omitted).
discussed Cited as authority (rule) Spencer v. Derrick
S.D. Ala. · 2020 · confidence medium
Ed. 2d 114 (1985) (citation omitted); see also Mann v. Taser Int'l, Inc., 588 F.3d 1291, 1309 (11th Cir. 2009) ("A claim asserted against an individual in his or her official capacity is, in reality, a suit against the entity that employs the individual."); Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999) (per curiam) ("We start with the proposition that a suit against a governmental official in his official capacity is deemed a suit against the entity that he represents.").
examined Cited as authority (rule) Kimberley Anne McQueary v. State of Florida Child Support Enforcement (3×) also: Cited "see"
11th Cir. · 2020 · confidence medium
A municipality or other governmental entity can only be held liable under § 1983 for constitutional deprivations, however, if they result from (1) “a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers”; or (2) a “custom, even though such a custom has not received formal approval through the body’s official decisionmaking body.” Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999) (quotations omitted).
discussed Cited as authority (rule) Ingram v. Kubik
N.D. Ala. · 2020 · confidence medium
Construing the facts in the light most favorable to Plaintiff, Plaintiff has failed to allege that Turner had any actual knowledge of discrimination against people with 3 As Defendant Turner is being sued in his official capacity, “this is deemed a suit against the entity that he represents.” Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999). 4 The Court also notes that the Eleventh Circuit “has never addressed whether police officers can violate Title II of the ADA.” Estate of Osorio v. Miami Dade Cty., 717 F. App’x 957 (11th Cir. 2018) (per curium).
discussed Cited as authority (rule) Knight v. Lang
S.D. Ala. · 2020 · confidence medium
“Official-capacity suits . . . ‘generally represent only another way of pleading an action against an entity of which an officer is an agent.’” Kentucky v. Graham, 473 U.S. 159, 165 (1985) (citation omitted); see also Mann v. Taser Int’l, Inc., 588 F.3d 1291, 1309 (11th Cir. 2009) (“A claim asserted against an individual in his or her official capacity is, in reality, a suit against the entity that employs the individual.”); Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999) (per curiam) (“We start with the proposition that a suit against a governmental official in his offi…
discussed Cited as authority (rule) Bonuso v. Highlands County Sheriff's Office
S.D. Fla. · 2019 · confidence medium
Plaintiff sues Davidson solely in his official capacity as a deputy sheriff of Highlands County. “[A] suit against a governmental official in his official capacity is deemed a suit against the entity that he represents.” Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999) (citing Kentucky v. Graham, 473 U.S. 159 , 165–66 (1985)).
cited Cited as authority (rule) Murey v. The City of Chickasaw Alabama
S.D. Ala. · 2019 · confidence medium
Brown v. Neumann, 188 F.3d 1289, 1290-91 (11th Cir. 1999).
discussed Cited as authority (rule) Hinson v. Judd
M.D. Fla. · 2019 · confidence medium
And since a governmental entity will “rarely” have an officially adopted policy of permitting a constitutional violation, he must show that Judd had “a custom or practice of permitting [the violation] and that [his] custom or practice is ‘the moving force behind the constitutional violation.’” Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999).
cited Cited as authority (rule) C.P. ex rel. Perez v. Collier County
M.D. Fla. · 2015 · confidence medium
Brown v. Neumann, 188 F.3d 1289, 1290-91 (11th Cir.1999).
discussed Cited as authority (rule) EH ex rel. Moore v. City of Miramar
S.D. Fla. · 2015 · confidence medium
“A plaintiff ... has two methods by which to establish a [governmental entity’s] policy: identify either (1) an officially promulgated [entity] policy or (2) an unofficial custom or practice of the [entity] shown through the repeated acts of a final policymaker for the [entity].” Grech v. Clayton Cnty., Ga., 335 F.3d 1326, 1331 (11th Cir.2003) (citing Monell, 436 U.S. at 690-91 , 98 S.Ct. 2018 ; Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999)); see also Wakefield v. City of Pembroke Pines, 269 Fed.Appx. 936, 939 (11th Cir.2008) (defining “policy” and “custom” for purposes …
discussed Cited as authority (rule) Mary Goodman v. Clayton County Sheriff Kemuel Kimbrough (2×)
11th Cir. · 2013 · confidence medium
Though Sheriff Kimbrough is the named defendant, "a suit against a governmental official in his official capacity is deemed a suit against the entity that he represents.” Brown v, Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999) (per curiam). .
discussed Cited as authority (rule) Hoefling v. City of Miami (2×)
S.D. Fla. · 2012 · confidence medium
A plaintiff may show a policy by identifying either 1) “an officially promulgated [city] policy or 2) an unofficial custom or practice of the [city] shown through repeated acts of a final policymaker of the [city].” Grech v. Clayton Cnty., Ga., 335 F.3d 1326, 1329-30 (11th Cir.2003) (citing Monell, 436 U.S. at 690-91 , 98 S.Ct. 2018 ; Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir.1999)).
cited Cited as authority (rule) Mann v. Taser International, Inc.
11th Cir. · 2009 · confidence medium
Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir.1999) (per curiam).
discussed Cited as authority (rule) Gray v. Kohl
S.D. Fla. · 2008 · confidence medium
Brown v. Neumann, 188 F.3d 1289, 1291 (11th Cir.1999) (stating that even in light of § 30.07, Florida Statutes, a Deputy Sheriff is not a final policymaker of a Florida county); see Adcock v. Baca, 157 Fed.Appx. 118, 120 (11th Cir.2005); Wright v. Sheppard, 919 F.2d 665, 674 (11th Cir.1990).
discussed Cited as authority (rule) Abusaid v. Hillsborough County Board of County Commissioners (2×) also: Cited "see"
M.D. Fla. · 2007 · confidence medium
Bryan County, 520 U.S. at 403 , 117 S.Ct. 1382 ; Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir.1999) (quoting City of St.
discussed Cited as authority (rule) Abusaid v. HILLSBOROUGH COUNTY BD. (2×) also: Cited "see"
M.D. Fla. · 2007 · confidence medium
Bryan County, 520 U.S. at 403 , 117 S.Ct. 1382 ; Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir.1999) (quoting City of St.
discussed Cited as authority (rule) Rudolph Ludaway v. City of Jacksonville
11th Cir. · 2007 · confidence medium
A § 1988 action “against a governmental official in his official capacity is deemed a suit against the entity that he represents.” Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir.1999) (citing Kentucky v. Graham, 473 U.S. 159, 165 , 105 S.Ct. 3099, 3105 , 87 L.Ed.2d 114 (1985)) (emphasis added).
discussed Cited as authority (rule) Seraphin Ex Rel. Estate of Seraphin v. Parapella
S.D. Fla. · 2007 · confidence medium
Clearly, “a suit against a governmental official in his official capacity is deemed a suit against an entity that he represents” Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir.1999) (internal citations omitted).
discussed Cited as authority (rule) Rosario v. Miami-Dade County
S.D. Fla. · 2007 · confidence medium
Buzzi, 62 F.Supp.2d at 1358 (citing Praprotnik, 485 U.S. at 127 , 108 S.Ct. 915 ; Brown v. City of Fort Lauderdale, 923 F.2d 1474, 1480-81 (11th Cir.1991)); see also Grech v. Clayton County, 335 F.3d 1326, 1329 (11th Cir.2003) (stating that a plaintiff may establish a municipality’s policy either by “(1) an officially promulgated county policy or (2) an unofficial custom or practice of the county shown through the repeated acts of a final policymaker for the county”) (citing Monell, 436 U.S. at 690-91 , 98 S.Ct. 2018 ; Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir.1999) (citing Praprot…
discussed Cited as authority (rule) Christopher Adcock v. Paul Baca
11th Cir. · 2005 · confidence medium
The plaintiffs “concede[d] that the Deputy Sheriff was not carrying out the instructions of the Sheriff, that the Sheriff did not know about, ratify, or consent to the Deputy Sheriff’s acts, and that there was no custom of unjustified arrests.” Id. at 1290.
cited Cited as authority (rule) Oscar L. Washington, Sr. v. Timothy Bauer
11th Cir. · 2005 · confidence medium
Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999). 2 .
discussed Cited as authority (rule) Harper v. CITY OF DOTHAN, ALA.
M.D. Ala. · 2004 · confidence medium
Louis v. Praprotnik, 485 U.S. 112, 123 , 108 S.Ct. 915 , 99 L.Ed.2d 107 (1988); Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir.1999) (“A governmental entity is not liable under § 1983, merely as a matter of re-spondeat superior, for constitutional injuries inflicted by its employees.”); Gold, 151 F.3d at 1350 (municipality may not be liable for the wrongful actions of its police officers pursuant to a respondeat superior theory of liability).
discussed Cited as authority (rule) Grech v. Clayton County, GA (2×)
11th Cir. · 2003 · confidence medium
Monell, 436 U.S. at 690-91, 694 , 98 S.Ct. 2018 ; Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir.1999) (citing City of St.
cited Cited as authority (rule) Riebsame v. Prince
M.D. Fla. · 2003 · confidence medium
Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir.1999).
cited Cited as authority (rule) Hammond v. Gordon County
N.D. Ga. · 2002 · confidence medium
Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir.1999) (per curiam).
cited Cited as authority (rule) Gernetzke v. Kenosha Unified School District No. 1
7th Cir. · 2001 · confidence medium
Louis v. Praprotnik, 485 U.S. 112, 126 , 108 S.Ct. 915 , 99 L.Ed.2d 107 (1988) (plurality opinion); Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir.1999) (per curiam).
cited Cited as authority (rule) Gernetzke v. Kenosha School Dist. No. 1
7th Cir. · 2001 · confidence medium
Louis v. Praprotnik, 485 U.S. 112, 126 (1988) (plurality opinion); Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999) (per curiam).
discussed Cited as authority (rule) Moghadam v. Morris (2×) also: Cited "see, e.g."
N.D. Fla. · 2000 · confidence medium
Brown v. Neumann, supra, 188 F.3d at 1290 (internal citations omitted) In order for the defendant to be held liable under the custom or practice prong of Monell , the plaintiff must demonstrate that a custom or practice of discrimination by the defendant is so well-settled and pervasive that it assumes the force of law.
discussed Cited "see" Stacey Bridges v. J.C. Poe, Jr.
11th Cir. · 2025 · signal: see · confidence high
See Goodman, 718 F.3d at 1335 n.4 (“[A] suit against a governmental official in his official capacity is deemed a suit against the entity that he represents.” (quoting Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999))).
discussed Cited "see" Cooper-Levy v. City of Miami
S.D. Fla. · 2023 · signal: see · confidence high
See Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999) (“an entity can be held monetarily liable only through a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers, or for constitutional deprivations visited pursuant to governmental custom even though such a custom has not received formal approval through the body’s official decisionmaking body.”) (emphasis added; cleaned up).
discussed Cited "see" Eric Watkins v. Sergeant M. Bigwood
11th Cir. · 2023 · signal: see · confidence high
See Brown v. Neumann, 188 F.3d 1289, 1290 (11th USCA11 Case: 22-10875 Document: 24-1 Date Filed: 05/30/2023 Page: 13 of 14 22-10875 Opinion of the Court 13 constitutional injuries inflicted by its employees unless the injury was caused by a custom or policy of the municipality.
cited Cited "see" Maldonado v. Baker County Sheriff's Office
M.D. Fla. · 2021 · signal: see · confidence high
See Motion at 4 (citing Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999)).
cited Cited "see" Rehberg v. Paulk
11th Cir. · 2010 · signal: see · confidence high
See Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999).
cited Cited "see" Charles A. Rehberg v. James v. Paulk
11th Cir. · 2010 · signal: see · confidence high
See Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999).
cited Cited "see" Rehberg v. Paulk
11th Cir. · 2010 · signal: see · confidence high
See Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir. 1999).
cited Cited "see" Rehberg v. Paulk
11th Cir. · 2010 · signal: see · confidence high
See Brown v. Neumann, 188 F.3d 1289, 1290 (11th Cir.1999).
Retrieving the full opinion text from the archive…
Charles R. BROWN, Plaintiff-Appellant,
v.
Robert NEUMANN, Sheriff, Palm Beach County, Florida, Ray Ruby, Deputy Sheriff, Palm Beach County, Florida, Defendants-Appellees; Dennis W. Maynor, Plaintiff-Appellant, v. Robert Neumann, Sheriff, Palm Beach County, Florida, Ray Ruby, Deputy Sheriff, Palm Beach County, Florida, Defendants-Appellees
98-5722.
Court of Appeals for the Eleventh Circuit.
Sep 14, 1999.
188 F.3d 1289
1999 U.S. App. LEXIS 22124
1999 WL 712592
Fred H. Gelston, West Palm Beach, FL, for Defendants-Appellees.
Anderson, Birch, Barkett.
Cited by 61 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: M.D. Florida (1)
[*1290] PER CURIAM:

Charles R. Brown and Dennis W. May-nor appeal the district court’s grant of judgment as matter of law, see Fed. R.Civ.P. 50, in their 42 U.S.C. § 1983 action against the Sheriff of Palm Beach County, in his official capacity, for injuries arising out of allegedly unjustified arrests in 1994. [1] These arrests were effectuated by a Deputy Sheriff, and plaintiffs concede that the Deputy Sheriff was not carrying out the instructions of the Sheriff, that the Sheriff did not know about, ratify, or consent to the Deputy Sheriffs acts, and that there was no custom of unjustified arrests. Therefore, the district court reasoned, liability was barred under the doctrine of Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), which provides that liability of municipalities and other governmental entities under § 1983 is limited to instances of official policy or custom.

We start with the proposition that a suit against a governmental official in his official capacity is deemed a suit against the entity that he represents. [2] Kentucky v. Graham, 473 U.S. 159, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985). However, an entity can be held monetarily liable only through “ ‘a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers,'” .or “Tor constitutional deprivations visited pursuant to governmental “custom” even though such a custom has not received formal approval through the body’s official decisionmaking body.’ ” City of St. Louis v. Praprotnik, 485 U.S. 112, 121, 108 S.Ct. 915, 923, 99 L.Ed.2d 107 (1988) (quoting Monell, 436 U.S. at 690-91, 98 S.Ct. at 2036). A governmental entity is not liable under § 1983, merely as a matter of respondeat superior, for constitutional injuries inflicted by its employees. Monell, 436 U.S. at 694, 98 S.Ct. at 2037-38. Rather, as we have held, “only those officials who have final policymaking authority may render the municipality liable under Section 1983.” Hill v. Clifton, 74 F.3d 1150, 1152 (11th Cir.1996) (emphasis added). “[T]he mere delegation of authority to a subordinate to exercise discretion is not sufficient to give the subordinate policymaking authority. Rather, the delegation must be such that the subordinate’s discretionary decisions are not constrained by official policies and are not subject to review.” Mandel v. Doe, 888 F.2d 783, 792 (11th Cir.1989) (citing Praprotnik, 485 U.S. at 125-28, 108 S.Ct. at 925-26).

The district court’s ruling was based on the premise that because the arrests in question were carried out by the Deputy Sheriff, with no question of any involvement or endorsement by the Sheriff, they were not a matter of final policy. Indeed, we have so held in similar factual situations. See Wright v. Sheppard, 919 F.2d 665, 674 (11th Cir.1990) (Florida sheriffs deputy who had de facto responsibility for a certain community lacked the authority to make final policy as would be necessary under Monell to subject the sheriffs office to liability). On appeal, plaintiffs argue that the following Florida statute effective[*1291] ly confers final policymaking authority directly on Deputy Sheriffs for Monell purposes:

Sheriffs may appoint deputies to act under them who shall have the same power as the sheriff appointing them, and for the neglect and default of whom in the execution of their office the sheriff shall be responsible.

Fla. Stat. § 30.07. Under plaintiffs’ interpretation of this statute, the Deputy Sheriff is the Sheriffs alter ego and stands in the shoes of the Sheriff, and thus enjoys final policymaking authority to the same extent as does the Sheriff. Plaintiffs also cite Blackburn v. Brorein, 70 So.2d 293, 296 (Fla.1954) (en banc) (stating in dicta that a Deputy Sheriff “may do anything that his principal may do” and “is empowered to act for him in all matters in which the principal may act”).

We reject plaintiffs’ interpretation of Fla. Stat. § 30.07. The only reasonable interpretation of the “same power as the sheriff’ language is that it does not put Deputy Sheriffs on a par with Sheriffs in terms of final policymaking authority, and that the power referred to encompasses merely those powers which the Sheriff chooses actually to delegate. Our decision in Wright, 919 F.2d 665, is strong support for this interpretation. Although there is no indication that Fla. Stat. § 30.07 was specifically cited to the Wright court, we held that a Deputy Sheriff in Highlands County, Florida did not possess final poli-cymaking authority necessary to make Highlands County liable under Monell, notwithstanding that the Deputy Sheriff had de facto control over one area of Highlands County. See id. at 674. Were plaintiffs’ interpretation of Fla. Stat. § 30.07 the correct one, the entire reasoning of Wright would be irreconcilably flawed. Moreover, it would be contrary to common sense to hold that a Deputy Sheriffs discretionary decisions in the field amount to official policy “not subject to review.” Mandel, 888 F.2d at 792. A Deputy Sheriff is under the Sheriff in the chain of command, and must answer to the Sheriff. Finally, the dictum that plaintiffs cite from the Blackburn case is not relevant to the Monell issue in any respect.

For the foregoing reasons, we AFFIRM the district court. Moreover, the district court did not err in determining that plaintiffs had never properly pleaded any state-law claims in this case, and that no state-law claims were tried by express or implied consent of the parties.

AFFIRMED.

1

. Plaintiffs originally sued not only the Sheriff, but also Deputy Sheriff Ruby, who actually performed the complained-of arrests. The district court dismissed Ruby as a party defendant prior to trial because Ruby had been sued in his official capacity, which meant that he was duplicative and superfluous since the Sheriff was sued in his official capacity, and a suit against a government officer in his official capacity is simply a suit against the relevant governmental entity. Kentucky v. Graham, 473 U.S. 159, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985). Plaintiffs have not appealed the dismissal of Deputy Sheriff Ruby.

2

. We recognize that our decisions have not been entirely consistent on whether the relevant entity in an official-capacity suit against a sheriff in Florida is the County or the Sheriff's Department (as a unit operating autonomously from the County). Compare Lucas v. O'Loughlin, 831 F.2d 232, 235 (11th Cir.1987) (County), cert. denied, 485 U.S. 1035, 108 S.Ct. 1595, 99 L.Ed.2d 909 (1988), with Wright v. Sheppard, 919 F.2d 665, 674 (11th Cir.1990) (implying that the Sheriff's Department would be the relevant entity). We do not address this point because our holding today is that whatever the relevant entity was, it is not liable under Monell.