Mario Degenova v. Sheriff of Dupage Cnty., 209 F.3d 973 (7th Cir. 2000). · Go Syfert
Mario Degenova v. Sheriff of Dupage Cnty., 209 F.3d 973 (7th Cir. 2000). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, 2007–2022 · 3 courts · …illinois sheriffs have final policymaking authority over jail operations. at p. 976
96 citation events (93 in the last 25 years) across 9 distinct courts.
Strongest positive: Eguia v. David Gladieux (innd, 2022-11-08)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Eguia v. David Gladieux
N.D. Ind. · 2022 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
he eleventh amendment does not extend to counties and similar municipal corporations.
discussed Cited as authority (verbatim quote) Hill v. Lakin
S.D. Ill. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
illinois sheriffs have final policymaking authority over jail operations.
discussed Cited as authority (verbatim quote) Woods v. Lee
N.D. Ill. · 2020 · quote attribution · 1 verbatim quote · confidence high
illinois sheriffs have final policymaking authority over jail operations.
discussed Cited as authority (verbatim quote) Guzman, Ruben v. Sheahan, Michael
7th Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
illinois sheriffs have final policymaking authority over jail operations.
discussed Cited as authority (quoted) Nathan W. Rickards v. Sawyer County Sheriff’s Department, et al.
E.D. Wis. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the federal courts look to state law to determine if a defendant is amenable to suit.
discussed Cited as authority (quoted) Cordell Howze v. Derrick W. Rotta, et al.
E.D. Wis. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the federal courts look to state law to determine if a defendant is amenable to suit.
discussed Cited as authority (quoted) Jonathon M. Mark v. James Borgen, et al.
E.D. Wis. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the federal courts look to state law to determine if a defendant is amenable to suit.
discussed Cited as authority (quoted) Tanner v. Grant County Indiana
N.D. Ind. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
an official capacity suit is the same as a suit against the entity of which the officer is an agent.
discussed Cited as authority (quoted) Stallings v. Hermann
E.D. Wis. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the federal courts look to state law to determine if a defendant is amenable to suit.
discussed Cited as authority (quoted) Wolfgram v. Sheboygan County Police Department
E.D. Wis. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the federal courts look to state law to determine if a defendant is amenable to suit.
discussed Cited as authority (quoted) Hicks v. Cooper
E.D. Wis. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the federal courts look to state law to determine if a defendant is amenable to suit.
discussed Cited as authority (quoted) Lamb v. Pleasant Prairie Police Department
E.D. Wis. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the federal courts look to state law to determine if a defendant is amenable to suit.
discussed Cited as authority (quoted) Lamb v. Pleasant Prairie Police Department
E.D. Wis. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the federal courts look to state law to determine if a defendant is amenable to suit.
discussed Cited as authority (quoted) Griffin v. Garcia
E.D. Wis. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence low
the federal courts look to state law to determine if a defendant is amenable to suit.
discussed Cited as authority (rule) Jackson v. Dart
N.D. Ill. · 2023 · confidence medium
In response, Jackson contends that under Illinois law, "Illinois sheriffs have final policymaking authority over jail operations." DeGenova v. Sheriff of DuPage County, 209 F.3d 973, 976 (7th Cir. 2000).
examined Cited as authority (rule) T.S v. Twentieth Century Fox Television, Inc. (4×) also: Cited "see", Cited "see, e.g."
N.D. Ill. · 2020 · confidence medium
DeGenova v. Sheriff of DuPage Cnty., 209 F.3d 973, 975 (7th Cir 2000) (quoting Franklin v. Zaruba, 150 F.3d 682 , 684 n.2 (7th Cir. 1998)).
discussed Cited as authority (rule) Willie Bell v. Thomas Dart
7th Cir. · 2020 · confidence medium
A claim against Dart in his official capacity also fails because, although “Illinois sheriffs have final policymaking authority over jail operations,” DeGenova v. Sheriff of DuPage Cty., 209 F.3d 973, 976 (7th Cir. 2000), Bell does not allege that the denial of water and sanitation was the jail’s official policy.
discussed Cited as authority (rule) Willie Bell v. Thomas Dart
7th Cir. · 2020 · confidence medium
A claim against Dart in his official capacity also fails because, although “Illinois sheriffs have final policymaking authority over jail operations,” DeGenova v. Sheriff of DuPage Cty., 209 F.3d 973, 976 (7th Cir. 2000), Bell does not allege that the denial of water and sanitation was the jail’s official policy.
cited Cited as authority (rule) McKinney v. Franklin County Illinois
S.D. Ill. · 2019 · confidence medium
DeGenova v. Sheriff of DuPage Cty., 209 F.3d 973, 975 (7th Cir. 2000).
discussed Cited as authority (rule) Dunn v. County Of Will
N.D. Ill. · 2019 · confidence medium
Moreover, “policies concerning jail operations are solely under the supervision of the Sheriff as an independently-elected constitutional officer.” DeGenova v. Sheriff of DuPage County, 209 F.3d 973, 976 (7th Cir. 2000) (internal quotation marks omitted).
discussed Cited as authority (rule) Reyes v. Dart
N.D. Ill. · 2019 · confidence medium
The official capacity claims against Dart are functionally against the Cook County Sheriff’s Department, which operates the Cook County Department of Corrections, which in turn operates the Jail, see DeGenova v. Sheriff of DuPage Cnty., 209 F.3d 973, 976 (7th Cir. 2000); Thompson v. Duke, 882 F.2d 1180, 1187 (7th Cir. 1989), so this opinion will refer to “Dart” and the “Jail” interchangeably.
cited Cited as authority (rule) Alfredo Miranda v. County of Lake
7th Cir. · 2018 · confidence medium
DeGenova v. Sheriff of DuPage Cnty., 209 F.3d 973, 976 (7th Cir. 2000).
cited Cited as authority (rule) Johnson v. Dart
N.D. Ill. · 2018 · confidence medium
Policies concerning jail operations “are solely under the supervision of the Sheriff.” DeGenova v. Sheriff of DuPage Cty., 209 F.3d 973, 976 (7th Cir. 2000).
discussed Cited as authority (rule) Santos v. Curran, Jr.
N.D. Ill. · 2018 · confidence medium
Because “Illinois sheriffs have final policymaking authority over jail operations,” DeGenova v. Sheriff of DuPage County, 209 F.3d 973, 976 (7th Cir. 2000), Santos has also sufficiently pleaded a claim pursuant to the third theory of Monell liability, see Barwicks, 2016 WL 3418570 , at *4 (plaintiff satisfied Monell by pleading that Sheriff Dart was responsible for setting all policies and procedures for the correctional staff and the operation of the correctional facilities).
discussed Cited as authority (rule) Treadwell v. McHenry County
N.D. Ill. · 2016 · confidence medium
However, the Seventh Circuit has also held that the county sheriffs in Illinois, are always the “final policymak-ing authority over jail operations.” DeGenova v. Sheriff of DuPage Cnty., 209 F.3d 973, 976 (7th Cir.2000).
cited Cited as authority (rule) Lee Mercado v. Thomas Dart
7th Cir. · 2010 · confidence medium
DeGenova v. Sheriff of DuPage County, 209 F.3d 973, 976-77 (7th Cir.2000); see also Ill.
discussed Cited as authority (rule) Riley v. County of Cook
N.D. Ill. · 2010 · confidence medium
Ryan v. County of DuPage, 45 F.3d 1090, 1092 (7th Cir. 1995); DeGenova v. Sheriff of DuPage County, 209 F.3d 973, 976 (7th Cir.2000) (“Illinois sheriffs have final policymaking authority over jail operations.”).
cited Cited as authority (rule) Guzman v. Sheahan
7th Cir. · 2007 · confidence medium
DeGenova v. Sheriff of DuPage County, 209 F.3d 973, 976 (7th Cir.2000) (“Illinois sheriffs have final policymaking authority over jail operations.”).
discussed Cited as authority (rule) Willie Santonio Manders v. Thurman Lee
11th Cir. · 2003 · confidence medium
Notes: 1 Thus we and our sister circuits have previously held, correctly in my view, that claims against sheriffs in their official capacity for constitutional violations at county jails are claims against the relevant county See, e.g., Wayne v. Jarvis, 197 F.3d 1098, 1105 (11th Cir.1999) (stating that jail inmate's § 1983 "claim against Sheriff Jarvis in his official capacity is a claim against DeKalb County"); see also Streit v. County of Los Angeles, 236 F.3d 552, 564 (9th Cir.2001); DeGenova v. Sheriff of DuPage County, 209 F.3d 973, 977 (7th Cir.2000); Doe By and Through Doe v. Washingto…
discussed Cited as authority (rule) Willie Santonio Manders v. Thurman Lee
11th Cir. · 2002 · confidence medium
See, e.g., Wayne v. Jarvis, 197 F.3d 1098, 1105 (11th Cir.1999) (stating that jail inmate’s § 1983 "claim against Sheriff Jarvis in his official capacity is a claim against DeKalb County”); see also Streit v. County of Los Angeles, 236 F.3d 552, 564 (9th Cir.2001); DeGenova v. Sheriff of DuPage County, 209 F.3d 973, 977 (7th Cir.2000); Doe By and Through Doe v. Washington County, 150 F.3d 920, 923-24 (8th Cir.1998); Dotson v. Chester, 937 F.2d 920, 934 (4th Cir.1991); Blackburn v. Snow, 771 F.2d 556, 571 (1st Cir.1985). .
examined Cited as authority (rule) Richman, Marcella v. Sheahan, Michael (3×)
7th Cir. · 2001 · confidence medium
DeGenova v. Sheriff of DuPage County, 209 F.3d 973, 975 (7th Cir. 2000); Hammond v. Kunard, 148 F.3d 692, 695 (7th Cir. 1998); cf. Benning v. Bd. of Regents, 928 F.2d 775 , 778-80 (7th Cir. 1991).
discussed Cited as authority (rule) Marcella Richman, Individually and as Special Administrator of the Estate of Jack B. Richman, Deceased v. Michael Sheahan, in His Official Capacity as Sheriff of Cook County
7th Cir. · 2001 · confidence medium
DeGenova v. Sheriff of DuPage County, 209 F.3d 973, 975 (7th Cir. 2000); Hammond v. Kunard, 148 F.3d 692, 695 (7th Cir. 1998); cf. Benning v. Bd. of Regents, 928 F.2d 775 , 778-80 (7th Cir. 1991). 5 A. Absolute Immunity--&#167 1983 Claims Against the Deputies 6 The parties are correct that we have jurisdiction, under the collateral order doctrine, to review the district court's decision to deny the defendants' motion to dismiss based on absolute immunity.
cited Cited "see" Michael Hendricks and Tyler Webb v. Lisa Draper, et al.
C.D. Ill. · 2025 · signal: see · confidence high
See DeGenova v. Sheriff of DuPage Cty., 209 F.3d 973 , 976 n.2 (7th Cir. 2000) (citing Ill.
cited Cited "see" Reed v. Downey
C.D. Ill. · 2024 · signal: see · confidence high
See DeGenova v. Sheriff of DuPage Cty., 209 F.3d 973 , 976 n.2 (7th Cir. 2000) (citing Ill.
cited Cited "see" Howard v. Proviso Township H.S. District 209
N.D. Ill. · 2022 · signal: see · confidence high
See DeGenova v. Sheriff of DuPage Cty., 209 F.3d 973 , 977 n.2 (7th Cir. 2000) (citing Fed.
cited Cited "see" Smith v. Mendrick
N.D. Ill. · 2021 · signal: see · confidence high
See DeGenova v. Sheriff of DuPage Cty., 209 F.3d 973, 976 (7th Cir. 2000); see also Eason v. Pritzker, No. 18-CV-2553, 2020 WL 6781794 , at *6 (N.D.
discussed Cited "see" Hachmeister v. Jeffreys
N.D. Ill. · 2021 · signal: see · confidence high
See DeGenova v. Sheriff of DuPage Cnty., 209 F.3d 973, 975-77 (7th Cir. 2000) (declining to afford Eleventh Amendment immunity to an Illinois county sheriff because “Illinois statutes make it clear … that when the Sheriff manages the jail, he is a county officer,” not a state officer); McCurdy v. Sheriff of Madison Cnty., 128 F.3d 1144, 1145 (7th Cir. 1997) (“[A] county or other local unit of government is not ‘the state’ for purposes of th[e] [Eleventh] amendment.”).
cited Cited "see" Smoler v. Board of Education for West Northfield School District 31
N.D. Ill. · 2021 · signal: see · confidence high
See DeGenova v. Sheriff of DuPage Cty., 209 F.3d 973 , 977 n.2 (7th Cir. 2000) (citing Fed.
cited Cited "see" Ahern v. Fleming
N.D. Ill. · 2019 · signal: see · confidence high
See DeGenova v. Sheriff of DuPage Cty., 209 F.3d 973, 976 (7th Cir. 2000).
cited Cited "see" Black v. McGuffage
N.D. Ill. · 2002 · signal: see · confidence high
See DeGenova v. Sheriff of Du Page County, 209 F.3d 973, 976 (7th Cir. 2000).
cited Cited "see, e.g." Connelly v. Cook County, an Illinois Municipal Corporation
N.D. Ill. · 2022 · signal: see also · confidence low
VII, § 4(c); see also DeGenova v. Sheriff of DuPage Cnty., 209 F.3d 973 , 976 n.2 (7th Cir. 2000) (citations omitted).
discussed Cited "see, e.g." Streit v. County of Los Angeles
9th Cir. · 2001 · signal: see also · confidence medium
XI, § 1(b) (“The Legislature shall provide for ... an elected county sheriff .... ”); see also DeGenova v. Sheriff of DuPage County, 209 F.3d 973, 976 (7th Cir.2000) (noting that the Illinois Constitution’s designation of sheriffs as county officers “strongly indicates that the Sheriff is an agent for the county, and not the State”).
discussed Cited "see, e.g." Valerie Streit, Individually and as Class Representative Diego Santillana, Individually and as Class Representative Michael Roerich, Individually v. County of Los Angeles, a Governmental Entity Jerry Harper, Undersheriff Michael Graham, Assistant Sheriff Barry King, Chief Bob Pash, Chief Daniel Burt, Commander, Eddie Shields, Individually and as a Class Representative v. County of Los Angeles, a Governmental Entity Jerry Harper, Undersheriff Michael Graham, Assistant Sheriff Barry King, Chief Bob Pash, Chief Daniel Burt, Commander, Randall Cleaves, Individually and as Class Representative Alfred Carrillo, Individually and as Class Representative v. County of Los Angeles, a Governmental Entity Jerry Harper, Undersheriff Michael Graham, Assistant Sheriff Barry King, Chief Bob Pash, Chief Daniel Burt, Commander, Munique Williams Michael E. White April Marie Courie Eric Mitchell Dianeramirez, Individually, and as Class Representative Heather Yousif, Individually, and as Class Representative Margo v. Borrup, Individually, and as Class Representative Quinton Cooper Ruby Sellars v. Sherman Block, Sheriff, Individually and in His Official Capacity, and Los Angeles County Sheriff's Department, Leellen Patchen, Individually and as Class Representative Steven Gray, Individually and as Class Representative Isaac Tchakmakjian, Individually and as Class Representative v. County of Los Angeles, a Governmental Entity Los Angeles County Sheriff's Department, Michael E. White April Marie Courie Eric Mitchell Diane Ramirez, Individually and as Class Representative Heather Yousif, Individually and as Class Representative Margo v. Borrup, Individually and as Class Representative Quinton Cooper Ruby Sellars Leellen Patchen, Individually and as Class Representative Steven Gray, Individually and as Class Representative Isaac Chakmakjian, Individually and as Class Representative Eddie Shields, Individually and as Class Representative Diego Santillana, Individually and as Class Representative Michael Roerich, Individually Randall Cleaves, Individually and as Class Representative v. Sherman Nmi Block, Sheriff, Individually and in His Official Capacity, and County of Los Angeles, a Governmental Entity Los Angeles County Sheriff Department, as Doe 1, Samuel Gladney v. County of Los Angeles, Los Angeles County Sheriff's Department Estate of Sherman Block Jerry Harper Michael Graham Robert Mann Barry King Daniel Burt, Munique Williams Michael E. White April Marie Courie Eric Mitchell Diane Ramirez, Individually, and as Class Representative Margo v. Borrup, Individually, and as Class Representative Quinton Cooper Ruby Sellars, and Johnny Ray Tolbert Kevin Baxter, Individually and as Class Representatives and in Their Capacities as Taxpayers Joseph Whitner, Individually, and as Class Representative Yolanda Corbert, Individually, and as Class Representative Cassondra McNair Individually, and as Class Representative Ronald J. Borrup, Individually, and as Class Representative Kirk Douglas Julian Valdez Frank Lopez Joe Sanchez, Jr. Moises Carranza Hamid Shahian Herman Wyche Duc Huu Pham
9th Cir. · 2001 · signal: see also · confidence medium
XI, 1(b) ("The Legislature shall provide for . . . an elected county sheriff . . . ."); see also DeGenova , 209 F.3d 973, 976 (7th Cir. 2000) (noting that the Illinois Constitution's designation of sheriffs as county officers "strongly indicates that the Sheriff is an agent for the county, and not the State").
cited Cited "see, e.g." Roe v. County of Lake
N.D. Cal. · 2000 · signal: see, e.g. · confidence medium
See, e.g., De-Genova v. Sheriff of DuPage County, 209 F.3d 973, 975-77 (7th Cir.2000) (Illinois); Franklin v. Zaruba, 150 F.3d 682, 685 (7th Cir.1998) (Illinois); Porche v. St.
Retrieving the full opinion text from the archive…
Mario DeGENOVA, Plaintiff-Appellee,
v.
SHERIFF OF DuPAGE COUNTY, Defendant-Appellant
98-2455.
Court of Appeals for the Seventh Circuit.
Apr 13, 2000.
209 F.3d 973
Kenneth N. Flaxman (argued), Chicago, IL, for plaintiff-appellee., Thomas F. Downing (argued), Office of the State’s Attorney of DuPage County, Wheaton, IL, for defendant-appellant.
Manioísí, Posner, Coffey, Manion.
Cited by 67 opinions  |  Published
2 passages pin-cited by 9 cases
Pinpoint authority: #6,326 of 633,719
Citer courts: E.D. Wisconsin (8) · N.D. Indiana (1)
MANIOÍSÍ, Circuit Judge.

Mario DeGenova sued the Sheriff of Du-Page County in his official capacity, claiming a violation of his constitutional rights pursuant to 42 U.S.C. § 1983. The Sheriff moved to dismiss, arguing that he had Eleventh Amendment immunity. The district court denied the motion. The Sheriff appeals and we affirm.

Because this appeal comes to us from a motion to dismiss, we take the following facts from the complaint and assume them to be true. On October 16, 1996, deputy sheriffs of DuPage County arrested Mario DeGenova pursuant to an arrest warrant. DeGenova told the arresting officers that he suffered from a serious cardiac condition that required medication. The officers, however, did not provide DeGenova with medical treatment, even though they saw him holding his chest and breathing irregularly. It was not until his release the following evening that DeGenova was able to receive medical treatment, and he claims that, as a'result of this delay, he suffered serious medical harm.

DeGenova sued the Sheriff of DuPage County in his official capacity under § 1983, [1] alleging that as a result of the[*975] Sheriffs policies for managing the jail, jail officials neglected .his medical condition and thus violated his Fourth and Fourteenth Amendment rights. The Sheriff moved to dismiss the official capacity claim, arguing that he is a State officer when he manages the jail. The district court denied the motion, holding that because the Sheriff is a county official, and not a State official, Eleventh Amendment immunity does not apply. The Sheriff appeals. We have jurisdiction over this interlocutory appeal based on the collateral order doctrine. Franklin v. Zaruba, 150 F.3d 682, 684 (7th Cir.1998).

II.

The Eleventh Amendment bars suits for damages against states. U.S. Const, amend. XI. “However, the Eleventh Amendment does not extend to counties and similar municipal corporations.” Franklin, 150 F.3d at 684 n. 2. The Sheriff of DuPage County argues that he is a State officer when he manages the jail, and thus has Eleventh Amendment immunity. DeGenova contends, however, that the Sheriff is a county officer, and thus is subject to suit. We review this question of law de novo. Scott v. O’Grady, 975 F.2d 366, 368 (7th Cir.1992).

In McMillian v. Monroe County, Alabama, 520 U.S. 781, 117 S.Ct. 1734, 138 L.Ed.2d 1 (1997), the Supreme Court considered whether the Sheriff of Monroe County represented the State or the county when he acted in a law enforcement capacity, and thus whether the Sheriff was entitled to Eleventh Amendment immunity. The Court began by holding that this is a question of state law, and that it would defer considerably to the state court’s view on this issue. McMillian, 520 U.S. at 786, 117 S.Ct. 1734. The Court then considered whether Alabama law provides that the Sheriff represents the State when he acts in a law enforcement capacity. The Court reviewed the Alabama Constitution and Code, and how the Eleventh Circuit and the Alabama Supreme Court construed those sources, and held that when an Alabama Sheriff acts in a law enforcement capacity, he acts as a State official. Id. at 793, 117 S.Ct. 1734. The Court also recognized that since “both the role of sheriffs and the importance of counties vary from State to State, there is no inconsistency created by court decisions that declare sheriffs to be county officers in one State, and not in another.” Id. at 795, 117 S.Ct. 1734.

We applied McMillian in Franklin, where an arrestee sued the DuPage County Sheriff in his official capacity, alleging that the sheriffs deputies injured him while he was in their custody. The Du-Page County Sheriff moved to dismiss the suit based on Eleventh Amendment immunity, which the district court denied. On appeal, we considered whether Illinois law provides that the Sheriff represents the State or a local governmental entity when he performs law enforcement duties. Because the Illinois Constitution states that the Sheriff is a county officer, and “the Illinois Supreme Court has long held that sheriffs are county officers,” Franklin, 150 F.3d at 685, we concluded that the Sheriff does not act on behalf of the State of Illinois when he performs general law enforcement duties. Id. at 686.

Like Franklin, this case involves the Sheriff of DuPage County, but our analysis does not end there. As the Supreme Court emphasized in McMillian, whether a sheriff acts for the State or a local entity is not an “all or nothing” determination. 520 U.S. at 785, 117 S.Ct. 1734. Rather, the question is whether, when the Sheriff acts in a particular area or on a particular issue, he acts for the State or a local entity. Id. In Franklin, we concluded that the Sheriff is not a State agent when he performs general law enforcement duties. But we have also recognized that sometimes the Sheriff may act on behalf of the State, as when he executes a judicial Writ of Assistance. Scott, 975 F.2d at 371. Here, we must decide whether the Sheriff is an officer for the State or a local entity when he manages the jail.

First of all, we must determine whether Illinois law provides that the[*976] Sheriff has “final policymaking authority” over the jail. See McMillian, 520 U.S. at 785, 117 S.Ct. 1734. The Illinois Supreme Court has determined that according to State law, the Sheriffs policies for jail operations “are independent of and unalterable by any governing body.” Moy v. County of Cook, 159 Ill.2d 519, 203 Ill.Dec. 776, 640 N.E.2d 926, 929 (1994). Moy noted that the Sheriff of each county is the warden of the county jail, and has custody over all of its prisoners. Id.; 730 ILCS § 125/2. And we have held that policies concerning jail operations “are solely under the supervision” of the Sheriff as “an independently-elected constitutional officer.” Thompson v. Duke, 882 F.2d 1180, 1187 (7th Cir.1989). Therefore, Illinois sheriffs have final policymaking authority over jail operations.

We must also determine whether Illinois law provides that sheriffs are policymakers for the State or a local entity when they manage the jail. See McMillian, 520 U.S. at 785, 117 S.Ct. 1734. Article VII, § 4(c) of the Illinois Constitution designates the Sheriff as a county officer. See Scott, 975 F.2d at 370; Moy, 203 Ill.Dec. 776, 640 N.E.2d at 929. This strongly indicates that the Sheriff is an agent for the county, and not the State. But, as noted above, while the Sheriff is a county officer, he may still act on some occasions on behalf of the State. Illinois statutes make it clear, however, that when the Sheriff manages the jail, he is a county officer. For instance, the county maintains and furnishes the jail, 730 ILCS § 125/20, and bears all of the costs to maintain prisoners. 730 ILCS § 125/5. The county board builds the jail and provides for the Sheriffs reasonable and necessary expenses. 55 ILCS § 5/5— 1106. And the Sheriff, as warden of the jail, must notify the county board if he decides that the jail is insufficient to secure prisoners. 730 ILCS § 125/12.

The Sheriff cites provisions that require sheriffs to participate in annual training programs that a State board has approved, that authorize the State Department of Corrections to inspect the jails at least once a year, and that permit the governor to remove sheriffs who fail to protect prisoners from a lynch mob. But these provisions merely authorize the State to regulate sheriffs in a very tenuous and indirect manner, and certainly do not outweigh the Illinois Constitution, the Illinois Supreme Court, and Illinois statutory provisions that overwhelmingly designate the Sheriffs office as a local entity apart from the State.

The Sheriff also argues that because we have held that Illinois sheriffs are not county employees, by default they must be agents of the State. We rejected this argument in Franklin, and do so again today. See Franklin, 150 F.3d at 685 (“This argument overlooks a crucial third possibility that we have found to be dispositive in other cases' — namely, that the sheriff is an agent of the county sheriffs department, an independently-elected office that is not subject to the control of the county in most respects.”). [2] Suffice it[*977] to say that for purposes of this appeal, he is not a state employee or officer, and is thus not protected by the Eleventh Amendment.

In conclusion, since Illinois sheriffs are county officers when they manage the jail, the Eleventh Amendment does not bar this official capacity suit. We Affirm.

1

. An official capacity suit is the same as a suit against the entity of which the officer is an agent. McMillian v. Monroe County, Alabama, 520 U.S. 781, 785 n.2, 117 S.Ct. 1734, 138 L.Ed.2d 1 (1997).

2

. The Sheriff also contends that he is not liable because the Sheriffs Department is not a suable entity under Illinois law. "The federal courts look to state law to determine if a defendant is amenable to suit. Fed.R.Civ.P. 17(b). To be sued in Illinois, a defendant must have a legal existence, either natural or artificial.” Magnuson v. Cassarella, 812 F.Supp. 824, 827 (N.D.Ill.1992). According to Illinois law, the Sheriff is an independently-elected constitutional officer. Ill. Const. Art. VII, § 4(c); Ryan v. County of DuPage, 45 F.3d 1090, 1092 (7th Cir.1995); Thompson, 882 F.2d at 1187. "Within the sheriff's prescribed range of activity, he and not some legislative-type body is at the apex of the governmental pyramid.” Hvorcik v. Sheahan, 847 F.Supp. 1414, 1417 n.7 (N.D.Ill.1994). Therefore, the Sheriffs office has a legal existence separate from the county and the State, and is thus a suable entity. See Franklin, 150 F.3d at 685; See also Carver v. Condie, 169 F.3d 469, 472 (7th Cir.1999).

In Carver, we also recognized that "the sheriff only has whatever funds the county chooses to give his office in any given year.” 169 F.3d at 473. This begs the question whether a judgment against the sheriff’s office is collectible. On remand, the district court searched for an answer but found "no Illinois statutory or case law instructive.” Carver v. Condie, No. 94 C 2240, 2000 WL 204240 at