State officials sued in their individual capacities are persons under Section 1983 and may be held personally liable for damages.
After a state official was elected to office and subsequently dismissed several employees, the terminated employees sued the official for monetary damages under 42 U.S.C. § 1983. The official argued that because the employment decisions were made in her official capacity, she could not be held personally liable. The Court addresses whether state officials sued in their individual capacities are "persons" under § 1983. The Court holds that state officials sued in their individual capacities are "persons" for purposes of § 1983, and the Eleventh Amendment does not bar such suits for personal liability.
At page 25 Distinguishing personal and official capacity suits against state officials1,480 citing cases“seek to impose individual liability upon a government officer for actions taken under color of state law.”
- Riana Buffin v. City & Cnty. of San Francisco, 23 F.4th 951 (9th Cir. 2022).published (suggesting perhaps that a state official sued in his official capacity should have access to Eleventh Amendment immunity)
- Landrum, No. 1:26-cv-02802 (E.D. Cal. Sept. 21, 2026).(Suits 20 against state officials in their official capacity ... should be treated as suits against the State.)
- Reynolds, No. 1:25-cv-00623 (S.D. Ohio Sept. 10, 2026).([T]he real party in interest in an official-capacity suit is the governmental entity.)
- Parks, No. 1:24-cv-00005 (E.D. Tenn. Sept. 10, 2026).([C]riminal court judges, circuit court judges, and chancellors are state officials.)
- R.Y., No. 1:25-cv-02163 (E.D. Va. Sept. 10, 2026).(Liability under 42 U.S.C. § 1983 . . . requires individual involvement in the constitutional wrongs alleged in the complaint . . . .)
- Madden, No. 2:26-cv-00026 (D. Utah Aug. 13, 2026).(The Eleventh Amendment does not permit judgments against state officers declaring that they violated federal law in the past.)
- Francisco, No. 5:25-cv-05775 (E.D. Pa. June 30, 2026). ([C]laims seeking retrospective injunctive and declaratory relief and damages against state employees in their official capacities are tantamount to suits against the Commonwealth itself. The Eleventh Amendment immunity…)
- Webb, No. 4:25-cv-00455 (E.D. Mo. Apr. 10, 2026).(A suit against a public employee in his or her official capacity is merely a suit against the public employer.)
- Springfield Sch. Dist v. Saunders, No. 24-cv-1918 (Vt. Super. Ct. Feb. 5, 2026).([T]he real party in interest in an official-capacity suit is the governmental entity and not the named official.)
- Whitaker v. Accd, No. 25-cv-3918 (Vt. Super. Ct. Jan. 20, 2026).([T]he real party in interest in an official-capacity suit is the governmental entity and not the named official.)
Show 230 more citing cases
- Riley’s Am. Heritage Farms v. Claremont Unified Sch. Dist., No. 5:18-cv-02185 (C.D. Cal. Jan. 7, 2026).(Because the real party in interest in an official-capacity suit is the governmental entity and not the named official, ‘the entity’s policy or custom must have played a part in the violation of federal law.’)
- Berry, No. 3:25-cv-02367 (S.D. Cal. Dec. 16, 2025). (On the merits, to 10 establish personal liability in a § 1983 action, it is enough to show that the official, acting 11 under color of state law, caused the deprivation of a federal right.)
- Marva L. Russell Mason v. Sec'y of Dep't of Vets. Affairs Agency, No. 3:25-cv-00129 (N.D. Ohio Nov. 3, 2025).(Indeed, when officials sued in this capacity in federal court die or leave office, their successors automatically assume their roles in the litigation.)
- Montgomery v. Orange Cnty., No. 25-180 (2d Cir. Oct. 15, 2025).unpublished(An official capacity suit against a public servant is treated as one against the governmental entity itself.)
- Oluma v. Oluma-Cervantes, No. 2:25-cv-00114 (D. Utah Sept. 29, 2025).(The Eleventh Amendment does not permit judgments against state officers declaring that they violated federal law in the past.)
- Salcido v. City of Mountain View, No. 5:24-cv-08833 (N.D. Cal. Sept. 22, 2025).([T]he only immunities available to the defendant in an official- 12 capacity action are those that the governmental entity possesses. . . . [O]fficials sued in 13 their personal capacities . . . may assert personal imm…)
- Steven Albert v. Brooke Lierman, 152 F.4th 554 (4th Cir. 2025).published(Suits against state officials in their official capacity [] should be treated as suits against the State.)
- Pilkey v. Duyck, No. 5:24-cv-00176 (N.D. Tex. Aug. 26, 2025).(Suits against state officials in their official capacity therefore should be treated as suits against the State.)
- C.L.F. v. Moore, No. 24-cv-3770 (Vt. Super. Ct. Aug. 21, 2025).([T]he real party in interest in an official-capacity suit is the governmental entity and not the named official.)
- Ozturk v. Hyde, No. 1:25-cv-12334 (D. Mass. Aug. 18, 2025).([O]fficial-capacity suits generally represent only another way of pleading an action against an entity of which an officer is an agent.)
- Bryant v. Ratliff, No. 2:25-cv-00033 (E.D. Mo. Aug. 12, 2025).(A suit against a public official in his official capacity is actually a suit against the entity for which the official is an agent)
- Hower v. Rice, No. 4:25-cv-00227 (E.D. Mo. Aug. 11, 2025).(A suit against a public official in his official capacity is actually a suit against the entity for which the official is an agent)
- Valentine-Williams v. City of Omaha, No. 8:24-cv-00165 (D. Neb. July 2, 2025).(A suit against a government officer in his official capacity is functionally equivalent to a suit against the employing governmental entity.)
- Lakhumna v. Uintah Cnty., No. 2:23-cv-00387 (D. Utah June 13, 2025).(A suit against a government agent in his official capacity is treated as a suit against the government.)
- Bolen v. N.M. Racing Comm'n, 578 P.3d 1121 (N.M. 2025).unpublished([T]he only 5 immunities available to the defendant in an official-capacity action are those that the 6 governmental entity possesses.)
- Hall v. Rhoden, No. 3:23-cv-00929 (M.D. Fla. May 27, 2025).([O]fficial-capacity suits ‘generally represent only another way of pleading an action against an entity of which an officer is an agent.’)
- Richmond v. Dahmm, No. 4:24-cv-01436 (E.D. Mo. May 19, 2025).(A suit against a public official in his official capacity is actually a suit against the entity for which the official is an agent)
- Majors v. Reeves, No. 1:24-cv-00233 (E.D. Mo. May 16, 2025).(A suit against a public official in his official capacity is actually a suit against the entity for which the official is an agent)
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- Williams v. Huner, No. 2:25-cv-00928 (E.D. Pa. July 22, 2025).
- Dixon v. Roberts, No. 1:24-cv-01032 (W.D. Ark. July 24, 2025).
- Woods v. City of St. Louis, No. 4:24-cv-00868 (E.D. Mo. July 25, 2025).
- Michalak v. Michigan State Police Dep't, No. 2:25-cv-11257 (E.D. Mich. July 30, 2025).
- Richmond v. Bullock, No. 4:25-cv-00367 (E.D. Mo. Aug. 5, 2025).
- Heagy v. Terra, No. 2:25-cv-02672 (E.D. Pa. Aug. 7, 2025).
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- Robinson v. Dotson, No. 3:24-cv-00730 (E.D. Va. Aug. 12, 2025).
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- Ruffin, No. 8:26-cv-00244 (D. Md. June 12, 2026).
- Kellum, No. 1:20-cv-03795 (N.D. Ill. June 24, 2026).
- State of New Mexico ex rel. Bucky Stone v. Bd. of Cnty. Commissioners for the Cnty. of Quay, No. 1:22-cv-00805 (D.N.M. June 2, 2026).
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- Adams, No. 2:25-cv-07291 (E.D. Pa. June 10, 2026).
- Segreaves, No. 5:25-cv-01089 (E.D. Pa. June 15, 2026).
- Guerra, No. 3:26-cv-02453 (S.D. Cal. June 2, 2026).
- Sumana Forest Retreat v. Cnty. of San Diego, No. 3:24-cv-01196 (S.D. Cal. June 24, 2026).
- Curtis Lavson Mitchell v. Nancy A. Miller, No. 2:25-cv-02275 (E.D. La. June 12, 2026).
- Arthur B. Canaii, Jr. v. Gov't of the Virgin Islands, No. 1:21-cv-00256 (D.V.I. July 30, 2026).
- Arthur B. Canaii, Jr. v. Gov't of the Virgin Islands, No. 1:21-cv-00256 (D.V.I. July 31, 2026).
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- Fuller, No. 3:25-cv-00550 (E.D. Tenn. July 22, 2026).
- Gillman, No. 2:26-cv-00379 (D. Utah July 23, 2026).
- Carter, No. 1:24-cv-03057 (D. Md. July 16, 2026).
- Savage, No. 5:25-cv-00300 (W.D. Okla. July 21, 2026).
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- Galipeau, No. 3:24-cv-00244 (N.D. Ind. Aug. 10, 2026).
- Rivadeneira, No. 8:26-cv-00139 (D. Md. Aug. 13, 2026).
- Provitt, No. 2:25-cv-05903 (E.D. Pa. July 28, 2026).
- Jefferies, No. 2:26-cv-03478 (E.D. Pa. July 30, 2026).
- Reynolds, No. 1:25-cv-00623 (S.D. Ohio Aug. 10, 2026).
- Lawson, No. 2:26-cv-03880 (E.D. Pa. Aug. 3, 2026).
- Breen, No. 3:26-cv-04872 (N.D. Cal. July 20, 2026).
- Mackie, No. 1:24-cv-01196 (W.D.N.Y. Aug. 17, 2026).
- Walker, No. 2:25-cv-01411 (W.D. Pa. Aug. 18, 2026).
- Harris, No. 2:26-cv-12829 (E.D. Mich. Aug. 21, 2026).
- Aguilar, No. 3:26-cv-00389 (S.D. Cal. Aug. 13, 2026).
- Medic, No. 3:25-cv-00901 (W.D.N.C. Aug. 24, 2026).
- Patterson, No. 4:24-cv-01681 (E.D. Mo. Aug. 25, 2026).
- Bogues, No. 1:23-cv-01334 (D. Md. Aug. 25, 2026).
- Arsenio K. Washington v. Citizens Bank, No. 5:26-cv-04465 (E.D. Pa. Aug. 25, 2026).
- Shirley, No. 1:23-cv-00534 (E.D. Cal. July 20, 2026).
- Norman, No. 2:24-cv-01465 (W.D. Wash. Aug. 24, 2026).
- Timothee, No. 3:25-cv-00359 (M.D. Fla. Aug. 26, 2026).
- Bryan D. Smith v. Chris Poulter, No. 53443 (Idaho Aug. 31, 2026).published
- Deplatchett, No. 1:25-cv-00128 (W.D. Pa. Sept. 1, 2026).
- White, No. 2:26-cv-04209 (W.D. Mo. Sept. 9, 2026).
- Thomas, No. 7:25-cv-02438 (S.D.N.Y. Aug. 5, 2026).
- Amy Proctor Ginn v. Alabama Dep't of Human Resources, No. 5:25-cv-02122 (N.D. Ala. Sept. 10, 2026).
- Amy Proctor Ginn v. Alabama Dep't of Human Resources, No. 5:25-cv-02123 (N.D. Ala. Sept. 10, 2026).
- Ashworth, No. 5:26-cv-00370 (N.D.N.Y. Sept. 10, 2026).
- Erwine v. Westbrook, No. 25-3136 (9th Cir. Sept. 11, 2026).published
- Garcia, No. 3:26-cv-02532 (M.D. Pa. Sept. 16, 2026).
- Swaney, No. 3:25-cv-00233 (S.D. Ohio Sept. 17, 2026).
- Reed, No. 4:25-cv-01388 (E.D. Mo. Sept. 18, 2026).
- Naves, No. 1:22-cv-00046 (D. Utah Sept. 22, 2026).
- Benjamin, No. 3:26-cv-01703 (N.D.N.Y. Sept. 23, 2026).
- Juluke, No. 2:23-cv-03111 (E.D. La. Sept. 24, 2026).
- Yang, No. 1:26-cv-04655 (E.D. Cal. Sept. 24, 2026).
- Imani, No. 2:26-cv-00183 (E.D. Wash. Sept. 28, 2026).
- Baker, No. 4:24-cv-03758 (S.D. Tex. Sept. 28, 2026).
- Robinson, No. 1:24-cv-00306 (D. Idaho June 29, 2026).
- Ernestor Ortiz v. Dr. Norwicki, No. 2:26-cv-00083 (D. Utah July 23, 2026).
- Janowski, No. 3:26-cv-00336 (M.D. Pa. July 29, 2026).
- Reiter, No. 3:25-cv-00755 (W.D. Ky. Sept. 23, 2026).
- Turner v. Houma Mun. Fire & Police Civil Serv. Bd., 229 F.3d 478 (5th Cir. 2000).published“[T]he only immunities available to the defendant in an official-capacity action are those that the governmental entity possesses.”
- Nisi v. Brown, 369 F. Supp. 3d 848 (E.D. Ill. 2019).published“Suits against state officials in their official capacity ... should be treated as suits against the State.”
- Bock v. Gold, 2008 VT 81, 959 A.2d 990.published“Thus, `[o]n the merits, to establishn personal liability in a § 1983 action, it is enough to show that the official, acting under color of state law, caused the deprivation of a federal right.'”
- Duffy v. Riveland, 98 F.3d 447 (9th Cir. 1996).published“... officials sued in their personal capacities ... may assert personal immunity defenses such as objectively reasonable reliance on existing law.”
- Fox v. Van Oosterum, 176 F.3d 342 (6th Cir. 1999).published“Suits against state officials in their official capacity therefore should be treated as suits against the State.”
- Mcclendon v. Story Cnty. Sheriff's Dept., 312 F. Supp. 2d 1146 (S.D. Iowa 2004).published“Suits against state officials in their official capacity therefore should be treated as suits against the State.”
- Embassy Realty Inv., LLC v. City of Cleveland, 877 F. Supp. 2d 564 (N.D. Ohio 2012).published“The only immunities available to the defendant in an official-capacity action are those that the governmental entity possesses.”
- Kanelos v. Cnty. of Mohave, 893 F. Supp. 2d 1001 (D. Ariz. 2012).published“Personal-capacity suits ... seek to impose individual liability upon a government officer for actions taken under color of state law.”
- Darrin Black v. Rick Haselton, 663 F. App'x 573 (9th Cir. 2016).unpublished“Suits against state officials in their official capacity ... should be treated as suits against the State.”
- Proescher v. Bell, 966 F. Supp. 2d 1350 (N.D. Ga. 2013).published“Suits against state officials in their official capacity ... should be treated as suits against the State.”
- DeCambre v. Brookline Hous. Auth., 95 F. Supp. 3d 35 (D. Mass. 2015).published“We emphasized that official-capacity suits ‘generally represent only another way of pleading an action against an entity of which an officer is an agent.’”
- Utah Repub. Party v. Herbert, 141 F. Supp. 3d 1195 (D. Utah 2015).published“Suits against state officials in their official capacity therefore should be treated as suits against the State.”
- Holloway v. Lamar Cnty., 180 F. Supp. 3d 467 (S.D. Miss. 2016).published“[T]he only immunities available to the defendant in an official-capacity action are those that the governmental entity possesses.”
- Brownlee v. Mississippi Dep't of Pub. Saf., No. 3:18-cv-00272 (N.D. Miss. Sept. 14, 2020).“Suits against state officials in their official capacity . . . should be treated as suits against the State.”
- Burkhart Advert., Inc. v. City of Auburn, Ind., 786 F. Supp. 721 (N.D. Ind. 1991).published“... officials sued in their personal capacities, unlike those sued in their official capacities, may assert personal immunity defenses such as objectively reasonable reliance on existing law.”
- Frazier v. Wineinger, No. 8:18-cv-00160 (D. Neb. Mar. 15, 2021).“Because the real party in interest in an official-capacity suit is the governmental entity and not the named official, ‘the entity’s ‘policy or custom’ must have played a part in the violation of federal law.’”
- Ray v. Smoot, 168 F. Supp. 3d 111 (D.D.C. 2016).published“Personal-capacity suits ... seek to impose individual liability upon a government officer for actions taken under color of state law.”
- Florance v. Buchmeyer, 500 F. Supp. 2d 618 (N.D. Tex. 2007).published“Personal-capacity suits, on the other hand, seek to impose individual liability upon a government officer for actions taken under color of state law.”
- Schiazza v. Zoning Hearing Bd. Fairview Twp., 168 F. Supp. 2d 361 (M.D. Pa. 2001).published“[T]he only immunities available to the defendant in an official-capacity action are those that the governmental entity possesses.”
- Rosana Boulhosa Nassar v. Florida Dep't of Agric., No. 18-10470 (11th Cir. Nov. 9, 2018).unpublished“[T]he only immunities available to the defendant in an official-capacity action are those that the governmental entity possesses.”
- Sean G. Duffy v. Chase Riveland, Sec'y of Washington State Dep't of Corr., James Spalding, Dir., Kenneth Ducharme, Superintendent, John Ahlsted, Corr. Sergeant, Peggy Williams, Clerk/typist, Jerry Sorenson, Corr. Officer, Frances Linder, Corr. Officer, Sean G. Duffy v. Craig Yost, Classification Couns., William Woodly, Corr. Unit Supervisor, David Karton, Corr. Sergeant, Linda Willenberg, Corr. Prog. Manager, Kenneth Ducharme, Superintendent, 98 F.3d 447 (9th Cir. 1996).published“... officials sued in their personal capacities ... may assert personal immunity defenses such as objectively reasonable reliance on existing law.”
- Carter v. City of Philadelphia, 4 F. Supp. 2d 386 (E.D. Pa. 1998).published“official-capacity suits generally represent only another way of pleading an action against an entity of which an officer is an agent”
- Donovan v. Briggs, 250 F. Supp. 2d 242 (W.D.N.Y. 2003).published“Because the real party in interest in an official-capacity suit is the governmental entity and not the named official, ‘the entity’s ‘policy or custom’ must have played a part in the violation of federal law1”
- Duff v. Ohio Bd. of Commrs., 2004 Ohio 3713 (Ohio Ct. App. 5th Dist. 2004).unpublished“Suits against state officials in their official capacity therefore should be treated as suits against the State.”
- Chi Chao Yuan v. Rivera, 48 F. Supp. 2d 335 (S.D.N.Y. 1999).published“the real party in interest in an official-capacity suit is the governmental entity and not the named official”
- Jones v. Town of East Haven, 493 F. Supp. 2d 302 (D. Conn. 2007).published“official-capacity suits ‘generally represent only another way of pleading an action against an entity of-which an officer is an agent.’”
- Jones v. Nielsen, No. 2:24-cv-00365 (D. Utah Sept. 17, 2024).“Suits against state officials in their official capacity therefore should be treated as suits against the State.”
- Soto-Rivera v. Santiago Guadarrama, 18 F. Supp. 2d 153 (D.P.R. 1998).published“Suits against state officials in their official capacity should be treated as suits against the State”
- Leventhal v. Vista Unified Sch. Dist., 973 F. Supp. 951 (S.D. Cal. 1997).published“[W]hen officials sued in [their official capacity] in federal court die or leave office, their successors automatically assume their roles in this litigation”
- Erb v. Pueblo Sch. Dist. No. 60, No. 1:24-cv-02917 (D. Colo. Feb. 14, 2025).“[O]fficial-capacity suits generally represent only another way of pleading an action against an entity of which an officer is an agent. Suits against state officials in their official capacity therefore should be treat…”
- Sagan v. Sumner Cnty. Bd. of Educ., 726 F. Supp. 2d 868 (M.D. Tenn. 2010).published“[T]he real party in interest in an official-capacity suit is the government entity itself and not the named official.”
- Burton v. City of Philadelphia, 121 F. Supp. 2d 810 (E.D. Pa. 2000).published“Suits against state officials in their official capacity ... should be treated as suits against the State.”
- Kilvitis v. Cnty. of Luzerne, 52 F. Supp. 2d 403 (M.D. Pa. 1999).published“Suits against state officials in their official capacity therefore should be treated as suits against the State.”
- Glenn Damond v. James LeBlanc, 552 F. App'x 353 (5th Cir. 2014).unpublished“Suits against state officials in their official capacity therefore should be treated as suits against the State.”
- Beg Investments, LLC v. Alberti, 85 F. Supp. 3d 13 (D.D.C. 2015).published“[T]he only immunities available to the defendant in an official-capacity action are those that the governmental entity possesses.”
At page 27 Distinguishing official and personal capacity suits under section 1983271 citing casesState officers sued for damages in their official capacity are not ‘persons’ for purposes of the suit because 28 they assume the identity of the government that employs them.
- Arntsen, No. 3:26-cv-05135 (W.D. Wash. July 31, 2026). (Cornel cannot seek damages from Hawaii 3 and the parole office because they are not ‘persons’ under § 1983.)
- Hoid, No. 1:25-cv-00189 (D. Idaho Feb. 9, 2026).(State officers sued for damages in their official capacity are not ‘persons’ for purposes of the suit because they assume the identity of the government that employs them.)
- Ashburn, No. 3:25-cv-03014 (N.D. Iowa Jan. 23, 2026). ([O]fficers sued in their personal capacity come to court as individuals.)
- Berry, No. 3:25-cv-02367 (S.D. Cal. Dec. 16, 2025). Since Officer Defendants held themselves out to 8 be acting as officers when allegedly impounding Plaintiffs’ vehicles, they were acting 9 “under the color of law.” Hafer v. Melo, 502 U.S. 21, 25 (1991) (“On the merits, to 10 establish per…
- Andrew Perrong v. Matthew Bradford, 157 F.4th 251 (3d Cir. 2025).published(A government official in the role of personal-capacity defendant [] fits comfortably within the statutory term ‘person.’)
- Canales v. Harris Cnty., No. 4:23-cv-04599 (S.D. Tex. May 2, 2025).(State officers sued for damages in their official capacity are not “persons” for the purposes of the suit because they assume the identity of the government that employs them.)
- Skyler Tackett v. Kristen Dauss, 132 F.4th 1026 (7th Cir. 2025).published([O]fficers sued in their personal capacity come to court as individuals.)
- Spurling v. Metro. Life Ins. Co., No. 2:24-cv-00614, 2025 WL 1840669 (S.D. W. Va. July 3, 2025).
- Vilela, No. 2:26-cv-00121 (D. Utah June 22, 2026).
- Nelson v. Filson, No. 3:21-cv-00202 (D. Nev. Mar. 10, 2023).
Show 196 more citing cases
- Bonaffini v. Brooklyn Coll., No. 1:20-cv-05118 (E.D.N.Y. July 9, 2021).
- R. Abcarian v. Meldon Levine, 972 F.3d 1019 (9th Cir. 2020).published
- Bruce & Tanya & Assocs. v. Bd. of Supervisors, Fairfax, 854 F. App'x 521 (4th Cir. 2021).unpublished
- Kenneth Thompson v. Gretchen Whitmer, No. 21-2602, 2022 WL 168395 (6th Cir. Jan. 19, 2022).unpublished
- Long v. Sugai, No. 1:19-cv-00235 (D. Haw. Dec. 18, 2020).
- Neals v. Stromberg, No. 3:16-cv-07141, 2020 WL 5088226 (D.N.J. Aug. 28, 2020).
- Anderson (ID 119569) v. Kansas Dep't of Corr., No. 5:23-cv-03230 (D. Kan. June 25, 2024).
- Mattiaccio v. Scharfenberg, No. 3:23-cv-23037 (D.N.J. July 8, 2025).unpublished
- Parrish v. Muldrow, No. 1:24-cv-00670 (M.D. Pa. July 24, 2025).
- Robinson, No. 1:24-cv-00306 (D. Idaho June 29, 2026).
At page 30 Eleventh amendment immunity for state officials under section 1983201 citing cases“Most certainly, Will’s holding does not rest directly on the Eleventh Amendment”
- Charles Golbert v. Marc Smith, No. 25-2235 (7th Cir. Sept. 8, 2026).published (The Eleventh Amendment does not erect a barrier against suits to impose individual and personal liability on state officials under § 1983.)
- Kendricks, No. 6:23-cv-00783 (W.D. Tex. Aug. 6, 2026). (Congress did not intend to override state immunity when it enacted § 1983[.])
- Ashburn, No. 3:25-cv-03014 (N.D. Iowa Jan. 23, 2026). Hafer v. Melo, 502 U.S. 21, 27 (1991) (“[O]fficers sued in their personal capacity come to court as individuals.”).
- Spurling v. Metro. Life Ins. Co., No. 2:24-cv-00614, 2025 WL 1840669 (S.D. W. Va. July 3, 2025).
- Bascar v. State Of Hawaii, No. 1:19-cv-00584 (D. Haw. Mar. 10, 2021).
- McAllister v. Kent State Univ., 454 F. Supp. 3d 709 (N.D. Ohio 2020).published
- Hanley, No. 1:25-cv-00212 (D. Haw. Feb. 11, 2026).
- Timothee, No. 3:25-cv-00359 (M.D. Fla. Aug. 26, 2026).
- Erwine v. Westbrook, No. 25-3136 (9th Cir. Sept. 11, 2026).published
- Dolan v. Clawson, No. 3:23-cv-00005 (D. Alaska July 13, 2023).
Show 191 more citing cases
- Ute Indian Tribe of the Uintah & Ouray Reservation v. Ure, No. 2:23-cv-00295 (D. Utah Aug. 8, 2025).
- Cates, No. 1:22-cv-00123 (E.D. Cal. Oct. 24, 2025).
- Long v. Sugai, No. 1:19-cv-00235 (D. Haw. Dec. 18, 2020).
- Anderson (ID 119569) v. Kansas Dep't of Corr., No. 5:23-cv-03230 (D. Kan. June 25, 2024).
At page 31 State officials as persons under section 1983186 citing casesWe hold that state officials, sued in their individual capacities, are ‘persons’ within the meaning of § 1983. The Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liability under § 1983 solely by virtue of the ‘official’ nature of their acts.
- Scott v. Hill, No. 3:24-cv-02400 (S.D. Cal. May 27, 2025). ([S]tate officials, 21 sued in their individual capacities, are ‘persons’ within the meaning of § 1983.)
- Martinez v. Rocha, No. 3:24-cv-01750 (S.D. Cal. Feb. 24, 2025). ([S]tate officials, sued in 8 their individual capacities, are ‘persons’ within the meaning of § 1983.)
- Gregson v. Rhode Island Dep't of Corr., No. 1:24-cv-00425 (D.R.I. Feb. 21, 2025). (holding that state officials, sued in their personal capacities, are “persons” withing the meaning of § 1983)
- Charles Golbert v. Marc Smith, No. 25-2235 (7th Cir. Sept. 8, 2026).published See Hafer, 502 U.S. at 30-31 (“The Eleventh Amendment does not erect a barrier against suits to impose individual and personal liability on state officials under § 1983.”) (cleaned up); Gibbons, 99 F.4th at 215 (“Neither the Eleventh Amend…
- Agustin Garcia v. Patrick A. Nogan, No. 2:23-cv-02877 (D.N.J. Aug. 19, 2026).unpublished(In their individual capacities, [a prison administrator] and [DOC commissioner] are unprotected by sovereign immunity and subject to suit under 42 U.S.C. § 1983 .)
- Krebs, No. 2:25-cv-13238 (E.D. Mich. July 23, 2026).(We hold that state officials, sued in their individual capacities, are ‘persons’ within the meaning of § 1983. The Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liab…)
- Kuykendall, No. 2:25-cv-00608 (D.N.M. Feb. 9, 2026).(We hold that state officials, sued in their individual capacities, are ‘persons’ within the meaning of § 1983.)
- Buchanan, No. 2:24-cv-00027 (W.D. Pa. Nov. 12, 2025).(We hold that state officials, sued in their individual capacities, are ‘persons’ within the meaning of § 1983. The Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liab…)
- Bristol Oak Props., Inc. v. Commonwealth of Pennsylvania, No. 2:25-cv-00504 (E.D. Pa. Nov. 26, 2025).
- Nelson v. Filson, No. 3:21-cv-00202 (D. Nev. Mar. 10, 2023).
Show 176 more citing cases
- Neals v. Stromberg, No. 3:16-cv-07141, 2020 WL 5088226 (D.N.J. Aug. 28, 2020).
- Mattiaccio v. Scharfenberg, No. 3:23-cv-23037 (D.N.J. July 8, 2025).unpublished
- Parrish v. Muldrow, No. 1:24-cv-00670 (M.D. Pa. July 24, 2025).
- Avery v. Difiore, No. 1:18-cv-09150 (S.D.N.Y. Aug. 6, 2019).
- Freddie Harrison v. John R. Enright, 968 F.2d 1224 (10th Cir. 1992).published
- Feldon Jackson, Jr. v. Cent. New Mexico Corr. Facility Steve Saavedra New Mexico Corr. Academy Robert Tenorio, 976 F.2d 740 (10th Cir. 1992).published
- Clarence Jones v. Peter W. Vidor Gerald Stiffler R. Parteet R. Montalvo Meinke, Lt., 977 F.2d 581 (6th Cir. 1992).unpublished
- John Fry v. Herman Elleby, 977 F.2d 581 (6th Cir. 1992).unpublished
- Cynthia Thompson v. Joy Hadwiger, 21 F.3d 1122 (10th Cir. 1994).published
- Patrick J. Kearney v. Dep't of Indus. Relations, 86 F.3d 1155 (6th Cir. 1996).unpublished
- Fred Holland v. Indiana Dep't of Corr., 92 F.3d 1187 (7th Cir. 1996).unpublished
- United States v. State Of Iowa, 269 F.3d 932 (1st Cir. 2001).published
- Ralph Moore, Jr. v. City of Harriman Harriman Police Dep't Roy Jenkins, 272 F.3d 769 (6th Cir. 2001).published
- Wall v. Sloan, No. 96-2461 (4th Cir. Feb. 11, 1998).unpublished
- Kristie Bellow v. Bd of Supr LA State Univ., No. 13-30075 (5th Cir. July 30, 2013).unpublished
- Barton v. Curtis, 497 F.3d 331 (3d Cir. 2007).published
- Greffey v. State of Ala. Dept. of Corr., 996 F. Supp. 1368 (N.D. Ala. 1998).published
- Loukas v. Hofbauer, 784 F. Supp. 377 (E.D. Mich. 1991).published
- Mason v. Arizona, 260 F. Supp. 2d 807 (D. Ariz. 2003).published
- Moore v. Cty of Harriman, No. 99-5258 (6th Cir. Nov. 8, 2001).published
- Hanani v. NJ Dept Env Prot, No. 05-3157 (3d Cir. Nov. 9, 2006).unpublished
- USA v. Gary Gesaman, No. 00-3899 (8th Cir. Oct. 19, 2001).published
- Ronnie Stilwell v. City of Williams, 831 F.3d 1234 (9th Cir. 2016).published
- Mel Marin v. Sec'y Commonwealth of Penn, No. 16-3044 (3d Cir. Nov. 8, 2017).unpublished
- Crockett v. Mayor, No. 2016-1357 (D.D.C. Apr. 10, 2020).published
- Vanessa Enoch v. Hamilton Cty. Sheriff's Off., 818 F. App'x 398 (6th Cir. 2020).unpublished
- Simon Campbell v. Pennsylvania Sch. Boards, 972 F.3d 213 (3d Cir. 2020).published
- Williams v. Marinelli, 987 F.3d 188 (2d Cir. 2021).published
- Priestly v. Doucette, 1 Mass. L. Rptr. 415 (Mass. Super. Ct. 1993).published
- Rodney Murphy v. Commonwealth of Virginia, No. 21-1253 (4th Cir. Dec. 7, 2022).unpublished
- Christine Gibbons v. Betty Gibbs, No. 23-2254 (4th Cir. Apr. 19, 2024).published
At page 26 Defining state and official capacity in section 1983 suits121 citing casesreiterating the holding in Will with respect to officials sued in their official capacities, but holding that “state officials, sued in their individual capacities, are ‘persons’ within the meaning of § 1983.” (emphasis added)
- Charles Golbert v. Marc Smith, No. 25-2235 (7th Cir. Sept. 8, 2026).published See Hafer, 502 U.S. at 30-31 (“The Eleventh Amendment does not erect a barrier against suits to impose individual and personal liability on state officials under § 1983.”) (cleaned up); Gibbons, 99 F.4th at 215 (“Neither the Eleventh Amend…
- Francisco, No. 5:25-cv-05775 (E.D. Pa. June 30, 2026). Ctr., 621 F.3d 249, 254 (3d Cir. 2010) (quoting Hafer v. Melo, 502 U.S. 21, 25 (1991)); see also Sheils v. Bucks Cnty.
- Feick v. State of Washington, No. 3:24-cv-05603 (W.D. Wash. Oct. 1, 2025).(When sued in their official capacity, 3 these government agents and representatives enjoy the same immunities and are held liable under 4 the same standards as the government entities they represent.)
- Peter Morgan Attwood v. Charles W. Clemons, Sr., 818 F. App'x 863 (11th Cir. 2020).unpublished
- Wriston v. West Virginia Dep't of Health & Human Resources, No. 2:20-cv-00614 (S.D. W. Va. Sept. 13, 2021).
- Riordan v. Martin, 51 F.3d 264 (1st Cir. 1995).unpublished
- Clemente v. Comm. of MA, 97 F.3d 1445 (1st Cir. 1996).unpublished
- Harris v. Rector & Bd. of Visitors of Univ. of Virginia, 83 F.3d 415 (4th Cir. 1996).unpublished
- Gail Lawry v. State of California Emp. Dev. Dep't Marshall E. Conner Gerald Leonardo, 114 F.3d 1194 (9th Cir. 1997).unpublished
- Harris v. Rector & Bd., No. 95-1319 (4th Cir. Apr. 25, 1996).unpublished
Show 108 more citing cases
- Marvin Waddleton, III v. Norris Jackson, 548 F. App'x 255 (5th Cir. 2013).unpublished
- Floyd L. Roberson v. Hayti Police Dep't Paul Sheckell, 241 F.3d 992 (8th Cir. 2001).published
- Carl Gordon v. Fred Schilling, 937 F.3d 348 (4th Cir. 2019).published
- Acres v. Marston, 72 Cal. App. 5th 417 (Cal. Ct. App. 2021).published
- Nelson v. Filson, No. 3:21-cv-00202 (D. Nev. Mar. 10, 2023).
- Bonaffini v. Brooklyn Coll., No. 1:20-cv-05118 (E.D.N.Y. July 9, 2021).
- Dolan v. Clawson, No. 3:23-cv-00005 (D. Alaska July 13, 2023).
- Ute Indian Tribe of the Uintah & Ouray Reservation v. Ure, No. 2:23-cv-00295 (D. Utah Aug. 8, 2025).
- Cates, No. 1:22-cv-00123 (E.D. Cal. Oct. 24, 2025).
- Janowski, No. 3:26-cv-00336 (M.D. Pa. July 29, 2026).
At page 24 Determining personal liability for state officials' actions69 citing casespersonal and official capacity suits distinguished
- Lewis v. Hager, 956 F.2d 1164 (6th Cir. 1992).unpublished
- Michael Everett Cox v. Wallace Wilkinson John Wigginton John Runda Shirley Sharp Steve Smith, 966 F.2d 1451 (6th Cir. 1992).unpublished
- Dale Hylok v. Walter Dickey, 989 F.2d 502 (7th Cir. 1993).unpublished
- Melinda C. Frank v. Howard R. Relin, 1 F.3d 1317 (2d Cir. 1993).published
- Gustavo Ponce v. Hugh Lloyd R. Green Ernie Magana Sherman Block, 46 F.3d 1144 (9th Cir. 1995).unpublished
- Daphne Mosby v. Andrew Moore, No. 95-CA-00672-SCT (Miss. June 16, 1995).published
- William Cuzick v. Cavat Bass, No. 02A01-9809-CV-00244 (Tenn. Ct. App. Mar. 18, 1999).published
- Mosby v. Moore, 716 So. 2d 551 (Miss. 1998).published
- Robinson v. City of Seattle, 830 P.2d 318 (Wash. 1992).published
- Burkes v. Klauser, 517 N.W.2d 503 (Wis. 1994).published
Show 58 more citing cases
- Planters & Citizens Bank v. Pennsylvania Millers Mut. Ins., 786 F. Supp. 991 (S.D. Ga. 1992).published
- Whitehead v. Univ. of Texas Health Sci. Ctr. at San Antonio, 854 S.W.2d 175 (Tex. App.—San Antonio 1993).published
- Oliver v. Cuttler, 968 F. Supp. 83 (E.D.N.Y. 1997).published
- Lansdown v. Chadwick, 152 F. Supp. 2d 1128 (W.D. Ark. 2000).published
- Wriston v. West Virginia Dep't of Health & Human Resources, No. 2:20-cv-00614 (S.D. W. Va. Sept. 13, 2021).
At page 23 State officials sued in individual capacity are persons under section 198345 citing cases[S]tate officials sued in their individual capacities are ‘persons’ for purposes of § 1983.
- Colwell v. Walters, No. 5:23-cv-00476 (W.D. Okla. May 12, 2025). ([S]tate officials sued in their individual capacities are ‘persons’ for purposes of § 1983.)
- McGee v. Walters, No. 5:23-cv-00475 (W.D. Okla. May 12, 2025). ([S]tate officials sued in their individual capacities are ‘persons’ for purposes of § 1983.)
- Peter Morgan Attwood v. Charles W. Clemons, Sr., 818 F. App'x 863 (11th Cir. 2020).unpublished
- C. B. Alsbrook v. AR Comm'n on Law, 184 F.3d 999 (8th Cir. 1999).published
- Francisco Didiano v. Karen Balicki, 488 F. App'x 634 (3d Cir. 2012).unpublished
- O'MALLEY v. Sheriff of Worcester Cnty., 612 N.E.2d 641 (Mass. 1993).published
- Jah v. Naphcare, Inc., 32 Mass. L. Rptr. 584 (Mass. Super. Ct. 2015).published
- Fink v. Poinsett Cnty. Jail, No. 3:23-cv-00249 (E.D. Ark. Feb. 12, 2024).
- B & L Prods., Inc. v. Newsom, No. 3:21-cv-01718 (S.D. Cal. Aug. 18, 2022).
- Bascar v. State Of Hawaii, No. 1:19-cv-00584 (D. Haw. Mar. 10, 2021).
Show 35 more citing cases
- Thiele v. Bd. of Trs. of Illinois State Univ., No. 1:20-cv-01197 (C.D. Ill. Sept. 30, 2021).
- Lewis v. Smith, No. 2:18-cv-04776 (E.D. La. Aug. 2, 2019).
- Rombach v. Culpepper, No. 2:16-cv-00556 (E.D. La. Aug. 3, 2020).
- McManus v. St. Tammany Par. Jail, No. 2:21-cv-01533 (E.D. La. Apr. 19, 2024).
- McAllister v. Kent State Univ., 454 F. Supp. 3d 709 (N.D. Ohio 2020).published
- Vilela, No. 2:26-cv-00121 (D. Utah June 22, 2026).
At page 22 Distinguishing damages for individual versus official capacity suits19 citing casesSection 1983 plaintiffs may sue individual-capacity defendants only for money damages and official-capacity defendants only for injunctive relief.
- Peter Morgan Attwood v. Charles W. Clemons, Sr., 818 F. App'x 863 (11th Cir. 2020).unpublished
- Peltier v. Sacks, 328 F. Supp. 3d 1170 (W.D. Wash. 2018).published
- Simon Jr. v. Burtlow, No. 1:20-cv-01207 (D. Colo. Sept. 7, 2021).
- Sgaggio v. Weiser, No. 1:21-cv-00830 (D. Colo. Jan. 27, 2022).
- Allen v. C.H.P., No. 1:20-cv-01944 (D. Colo. Dec. 8, 2022).
- Fisher v. Hogan, No. 1:19-cv-00893 (D. Md. Dec. 18, 2019).
- Talley v. Pa. Dep't of Corr., No. 2:19-cv-01687, 2019 WL 6050744 (E.D. Pa. Nov. 14, 2019).
- Talley v. Ionata, No. 2:19-cv-01723 (E.D. Pa. Feb. 19, 2020).
- Brooks v. State Coll. Area Sch. Dist., No. 4:22-cv-01335 (M.D. Pa. Jan. 17, 2024).
- Bogues v. Nines, No. 1:23-cv-01334 (D. Md. Aug. 7, 2024).
Show 9 more citing cases
- Wilson v. Wexford Med. & Admin./staff at fault, No. 3:18-cv-00890 (S.D. W. Va. Aug. 19, 2019).
- Booze v. Lewter, No. 1:23-cv-02246 (D. Md. Jan. 8, 2025).
- Thomas v. Baltimore Police Dep't, No. 1:23-cv-03379 (D. Md. Jan. 10, 2025).
- Travers v. Bunn, No. 1:23-cv-03179 (D. Md. Mar. 4, 2025).
- Spurling v. Metro. Life Ins. Co., No. 2:24-cv-00614, 2025 WL 1840669 (S.D. W. Va. July 3, 2025).
At page 28 Interpreting the scope of personal liability under section 198319 citing cases“The requirement of action under color of state law means that Hafer may be liable for discharging respondents precisely because of her authority as auditor general. We cannot accept the novel proposition that this same official authority insulates Hafer from suit.”
- Charles Golbert v. Marc Smith, No. 25-2235 (7th Cir. Sept. 8, 2026).published See Hafer, 502 U.S. at 30-31 (“The Eleventh Amendment does not erect a barrier against suits to impose individual and personal liability on state officials under § 1983.”) (cleaned up); Gibbons, 99 F.4th at 215 (“Neither the Eleventh Amend…
- J. Nodecker v. D. Prokay, 345 A.3d 1249 (Pa. Commw. Ct. 2025).unpublished
- Wyatt v. Cole, 504 U.S. 158 (1992).published
- Morse v. Repub. Party of Virginia, 517 U.S. 186 (1996).published
- Washington Initiatives Now v. Rippie, 213 F.3d 1132 (9th Cir. 2000).published
- Christopher T. Lizzi v. Robert Alexander Charles Thomas Phillip Wallace Anthony Johnson Al McCoy Dennise Kurtz, & Washington Metro. Area Transit Auth. Jack Byrd Michael Kurtz, United States of Am., Movant. Christopher T. Lizzi v. Robert Alexander Charles Thomas Phillip Wallace Anthony Johnson Al McCoy Dennise Kurtz Washington Metro. Area Transit Auth. Jack Byrd, & Michael Kurtz, United States of Am., Movant. Christopher T. Lizzi v. Robert Alexander Charles Thomas Phillip Wallace Anthony Johnson Al McCoy Dennise Kurtz, & Washington Metro. Area Transit Auth. Jack Byrd Michael Kurtz, United States of Am., Movant, 255 F.3d 128 (4th Cir. 2001).published
- Montgomery v. Maryland, 266 F.3d 334 (4th Cir. 2001).published
- Montgomery v. Maryland, No. 00-2099 (4th Cir. May 29, 2002).published
- Roger Luder v. Jeffrey P. Endicott, 253 F.3d 1020 (7th Cir. 2001).published
- Chapo v. Navajo Nation, 8 Navajo Rptr. 447 (2004).published
Show 9 more citing cases
- Griffin v. State of Hawaii, No. 1:20-cv-00454 (D. Haw. May 27, 2021).
- Loizon v. Evans, No. 1:18-cv-02759, 2020 WL 5253852 (N.D. Ill. Sept. 3, 2020).
- Mease 213302 v. Washington, No. 2:20-cv-00176, 2021 WL 1921071 (W.D. Mich. May 13, 2021).
- Valencia v. Bd. of Regents, No. 1:17-cv-00509 (D.N.M. May 14, 2020).
- Avery v. Difiore, No. 1:18-cv-09150 (S.D.N.Y. Aug. 6, 2019).
At page 29 Defining scope of absolute and personal immunity for officials14 citing cases“The Eleventh Amendment does not bar § 1983 personal-capacity suits against state officials in federal court.”
- Samuels v. McDonald, No. 17-5098 (10th Cir. Feb. 9, 2018).unpublished
- Redd-Oyedele v. Santa Clara Cnty. Off. of Educ., No. 5:22-cv-02128, 2023 WL 2769093 (N.D. Cal. Mar. 31, 2023).
- Law v. Labat, No. 1:20-cv-03658 (N.D. Ga. Feb. 25, 2022).
- Carter v. Lake Cnty. Bd. of Election & Reg., No. 2:21-cv-00256 (N.D. Ind. Nov. 8, 2022).
- Sorezo v. White House, No. 2:22-cv-12494, 2022 WL 17361958 (E.D. Mich. Dec. 1, 2022).
- Kinchloe v. Biden, No. 2:22-cv-12722 (E.D. Mich. Jan. 19, 2023).
- Jacobs v. Biden, No. 2:23-cv-11127 (E.D. Mich. Oct. 30, 2023).
- Lazar v. Town of Wes Sadsbury, No. 5:20-cv-05336 (E.D. Pa. Feb. 18, 2021).
- Solano v. Slippery Rock Univ. of Pennsylvania, No. 2:24-cv-01542 (W.D. Pa. Aug. 19, 2025).
- Collins v. Pickett, No. 2:25-cv-01742 (E.D. La. Sept. 2, 2025).
Show 4 more citing cases
- Billiot, No. 2:25-cv-02453 (E.D. La. Jan. 26, 2026).
- Grohs, No. 1:25-cv-00637 (D.N.J. July 27, 2026).
- Taddei, No. 2:25-cv-00303 (E.D. Pa. Sept. 14, 2026).
- Morris v. New York State Police, 268 F. Supp. 3d 342 (N.D.N.Y. 2017).published“The Eleventh Amendment does not bar § 1983 personal-capacity suits against state officials in federal court.”
116 L. Ed. 2d at 310 Distinguishing official versus personal capacity suits under section 19836 citing cases
- Janet Planells v. San Francisco Unified Sch. Dist., 978 F.2d 715 (9th Cir. 1992).unpublished
- Epps v. Duke Univ., Inc., 468 S.E.2d 846 (N.C. Ct. App. 1996).published
- Chiavetta v. Iowa Bd. of Nursing, 595 N.W.2d 799 (Iowa 1999).published
- Morris v. State of Kan. Dept. of Revenue, 849 F. Supp. 1421 (D. Kan. 1994).published
- Scott v. Ozmint, 467 F. Supp. 2d 564 (D.S.C. 2006).published
- Sablan v. Tenorio, 4 N. Mar. I. 351 (N. Mar. I. 1996).published
112 S. Ct. at 364 Imposing liability under section 1983 and personal immunity4 citing cases
- Buchholtz v. Dugan, 9 F.3d 106 (6th Cir. 1993).unpublished
- Richard M. Kennard v. Jerry Wray, 19 F.3d 19 (6th Cir. 1994).unpublished
- Robinson v. Commonwealth, 584 N.E.2d 636 (Mass. App. Ct. 1992).published
- Nibbs v. Roberts, 31 V.I. 196 (D.V.I. 1995).published
At page 21 Defining persons liable under section 19834 citing cases“claims for damages brought under 1983 can only be brought against 'persons' acting under color of state law, and neither states nor state officials acting in their official capacities are considered 'persons' under 1983.”
- (PC) Maestas v. C.S.A.T.F. Mail Room, No. 1:23-cv-00569 (E.D. Cal. May 17, 2023).
- Walker v. Fam. Court Judge Catherine Cholakis, No. 1:19-cv-01288, 2020 WL 3503158 (N.D.N.Y. June 29, 2020).
- Ryan v. Mansapit-Shimizu, No. 1:23-cv-00015 (D. Guam July 11, 2024).
- McNeil v. Van Houten, No. 3:25-cv-00725 (N.D.N.Y. July 22, 2025).
At page 62 Defining the term cognizable in legal context4 citing casesdefining “cognizable” as “Capable 22 of being known or recognized
- Richter v. Shinn, No. 4:20-cv-00205 (D. Ariz. Feb. 29, 2024).
- (HC) Olguin v. Kibler, No. 2:21-cv-00368 (E.D. Cal. Aug. 24, 2021).
- Emanuel Jr v. Neven, No. 2:16-cv-01368 (D. Nev. Feb. 25, 2021).
- (HC) Glass v. Hill, No. 2:24-cv-03020 (E.D. Cal. Mar. 20, 2025).
116 L. Ed. 2d at 308 Determining official versus individual capacity for suit3 citing cases
- Demaray v. Dept. of Env't Quality, 873 P.2d 403 (Or. Ct. App. 1994).published
- Mitchell v. Amarillo Hosp. Dist., 855 S.W.2d 857 (Tex. App.—Amarillo 1993).published
- Univ. of Texas Sys. v. Courtney, 946 S.W.2d 464 (Tex. App.—Fort Worth 1997).published
“[T]he Eleventh Amendment does not erect a barrier against suits to impose ‘individual and personal liabil- ity’ on state officials under § 1983.”
- Barry Slakman v. State Bd. of Pardons & Paroles, No. 21-12226 (11th Cir. Nov. 2, 2021).unpublished“[T]he Eleventh Amendment does not erect a barrier against suits to impose ‘individual and personal liabil- ity’ on state officials under § 1983.”
- Hanas v. Inner City Christian Outreach, Inc., 542 F. Supp. 2d 683 (E.D. Mich. 2008).published“[T]he Eleventh Amendment does not erect a barrier against suits to impose ‘individual and personal liability’ [for damages] on state officials under § 1983.”
Other citing cases
- United States v. City of Yonkers, 96 F.3d 600 (2d Cir. 1996).published
v.
Melo Et Al.
delivered the opinion of the Court.
In Will v. Michigan Dept. of State Police, 491 U. S. 58 (1989), we held that state officials “acting in their official capacities” are outside the class of “persons” subject to liability[*23] under Rev. Stat. § 1979, 42 U. S. C. § 1983. 491 U. S., at 71. Petitioner takes this language to mean that § 1983 does not authorize suits against state officers for damages arising from official acts. We reject this reading of Will and hold that state officials sued in their individual capacities are “persons” for purposes of § 1983.
I
In 1988, petitioner Barbara Hafer sought election to the post of auditor general of Pennsylvania. Respondents allege that during the campaign United States Attorney James West gave Hafer a list of 21 employees in the auditor general’s office who secured their jobs through payments to a former employee of the office. App. 10. They further allege that Hafer publicly promised to fire all employees on the list if elected. Ibid.
Hafer won the election. Shortly after becoming auditor general, she dismissed 18 employees, including named respondent James Melo, Jr., on the basis that they “bought” their jobs. Melo and seven other terminated employees sued Hafer and West in Federal District Court. They asserted state and federal claims, including a claim under § 1983, and sought monetary damages. Carl Gurley and the remaining respondents in this case also lost their jobs with the auditor general soon after Hafer took office. These respondents allege that Hafer discharged them because of their Democratic political affiliation and support for her opponent in the 1988 election. Id., at 28, 35, 40. They too filed suit against Hafer, seeking monetary damages and reinstatement under § 1983.
After consolidating the Melo and Gurley actions, the District Court dismissed all claims. In relevant part, the court held that the § 1983 claims against Hafer were barred because, under Will, she could not be held liable for employment decisions made in her official capacity as auditor general.
[*24] The Court of Appeals for the Third Circuit reversed this portion of the District Court’s decision. 912 F. 2d 628 (1990). As to claims for reinstatement brought against Hafer in her official capacity, the court rested on our statement in Will that state officials sued for injunctive relief in their official capacities are “persons” subject to liability under § 1983. See Will, supra, at 71, n. 10. Turning to respondents’ monetary claims, the court found that six members of the Gurley group had expressly sought damages from Hafer in her personal capacity. The remaining plaintiffs “although not as explicit, signified a similar intent.” 912 F. 2d, at 636. * The court found this critical. While Hafer’s power to hire and fire derived from her position as auditor general, it said, a suit for damages based on the exercise of this authority could be brought against Hafer in her personal capacity. Because Hafer acted under color of state law, respondents could maintain a § 1983 individual-capacity suit against her.
We granted certiorari, 498 U. S..1H8 (1991), to address the question whether state officers may be held personally liable for damages under § 1983 based upon actions taken in their official capacities.
[*25] II
In Kentucky v. Graham, 473 U. S. 159 (1985), the Court sought to eliminate lingering confusion about the distinction between personal- and official-capacity suits. We emphasized that official-capacity suits “‘generally represent only another way of pleading an action against an entity of which an officer is an agent.’ ” Id., at 165 (quoting Monell v. New York City Dept. of Social Services, 436 U. S. 658, 690, n. 55 (1978)). Suits against state officials in their official capacity therefore should be treated as suits against the State. 473 U. S., at 166. Indeed, when officials sued in this capacity in federal court die or leave office, their successors automatically assume their roles in the litigation. See Fed. Rule Civ. Proc. 25(d)(1); Fed. Rule App. Proc. 43(c)(1); this Court’s Rule 35.3. Because the real party in interest in an official-capacity suit is the governmental entity and not the named official, “the entity’s ‘policy or custom’ must have played a part in the violation of federal law.” Graham, supra, at 166 (quoting Monell, supra, at 694). For the same reason, the only immunities available to the defendant in an official-capacity action are those that the governmental entity possesses. 473 U. S., at 167.
Personal-capacity suits, on the other hand, seek to impose individual liability upon a government officer for actions taken under color of state law. Thus, “[o]n the merits, to establish personal liability in a § 1983 action, it is enough to show that the official, acting under color of state law, caused the deprivation of a federal right.” Id., at 166. While the plaintiff in a personal-capacity suit need not establish a connection to governmental “policy or custom,” officials sued in their personal capacities, unlike those sued in their official capacities, may assert personal immunity defenses such as objectively reasonable reliance on existing law. Id., at 166-167.
Our decision in Will v. Michigan Dept. of State Police, 491 U. S. 58 (1989), turned in part on these differences between[*26] personal- and official-capacity actions. The principal issue in Will was whether States are “persons” subject to suit under § 1983. Section 1983 provides, in relevant part:
“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured . . . .”
The Court held that interpreting the words “[ejvery person” to exclude the States accorded with the most natural reading of the law, with its legislative history, and with the rule that Congress must clearly state its intention to alter “ ‘the federal balance’” when it seeks to do so. Will, supra, at 65 (quoting United States v. Bass, 404 U. S. 336, 349 (1971)).
The Court then addressed the related question whether state officials, sued for monetary relief in their official capacities, are persons under § 1983. We held that they are not. Although “state officials literally are persons,” an official-capacity suit against a state officer “is not a suit against the official but rather is a suit against the official’s office. As such it is no different from a suit against the State itself.” 491 U. S., at 71 (citation omitted).
Summarizing our holding, we said: “[NJeither a State nor its officials acting in their official capacities are ‘persons’ under § 1983.” Ibid. Hafer relies on this recapitulation for the proposition that she may not be held personally liable under § 1983 for discharging respondents because she “act[ed]” in her official capacity as auditor general of Pennsylvania. Of course, the claims considered in Will were official-capacity claims; the phrase “acting in their official capacities” is best understood as a reference to the capacity in which the state officer is sued, not the capacity in which the officer inflicts the alleged injury. To the extent that Will [*27] allows the construction Hafer suggests, however, we now eliminate that ambiguity.
A
Will itself makes clear that the distinction between official-capacity suits and personal-capacity suits is more than “a mere pleading device.” Ibid. State officers sued for damages in their official capacity are not “persons” for purposes of the suit because they assume the identity of the government that employs them. Ibid. By contrast, officers sued in their personal capacity come to court as individuals. A government official in the role of personal-capacity defendant thus fits comfortably within the statutory term “person.” Cf. id., at 71, n. 10 (“[A] state official in his or her official capacity, when sued for injunctive relief, would be a person under § 1983 because ‘official-capacity actions for prospective relief are not treated as actions against the State’ ”) (quoting Graham, 473 U. S., at 167, n. 14).
Hafer seeks to overcome the distinction between official- and personal-capacity suits by arguing that §1983 liability turns not on the capacity in which state officials are sued, but on the capacity in which they acted when injuring the plaintiff. Under Will, she asserts, state officials may not be held liable in their personal capacity for actions they take in their official capacity. Although one Court of Appeals has endorsed this view, see Cowan v. University of Louisville School of Medicine, 900 F. 2d 936, 942-943 (CA6 1990), we find it both unpersuasive as an interpretation of § 1983 and foreclosed by our prior decisions.
Through § 1983, Congress sought “to give a remedy to parties deprived of constitutional rights, privileges and immunities by an official’s abuse of his position.” Monroe v. Pape, 365 U. S. 167, 172 (1961). Accordingly, it authorized suits to redress deprivations of civil rights by persons acting “under color of any [state] statute, ordinance, regulation, custom, or usage.” 42 U. S. C. § 1983. The requirement of action under color of state law means that Hafer may be liable for[*28] discharging respondents precisely because of her authority as auditor general. We cannot accept the novel proposition that this same official authority insulates Hafer from suit.
In an effort to limit the scope of her argument, Hafer distinguishes between two categories of acts taken under color of state law: those outside the official’s authority or not essential to the operation of state government, and those both within the official’s authority and necessary to the performance of governmental functions. Only the former group, she asserts, can subject state officials to personal liability under § 1983; the latter group (including the employment decisions at issue in this case) should be considered acts of the State that cannot give rise to a personal-capacity action.
The distinction Hafer urges finds no support in the broad language of § 1983. To the contrary, it ignores our holding that Congress enacted § 1983 “ ‘to enforce provisions of the Fourteenth Amendment against those who carry a badge of authority of a State and represent it in some capacity, whether they act in accordance with their authority or misuse it.’ ” Scheuer v. Rhodes, 416 U. S. 232, 243 (1974) (quoting Monroe v. Pape, supra, at 171-172). Because of that intent, we have held that in § 1983 actions the statutory requirement of action “under color of” state law is just as broad as the Fourteenth Amendment’s “state action” requirement. Lugar v. Edmondson Oil Co., 457 U. S. 922, 929 (1982).
Furthermore, Hafer’s distinction cannot be reconciled with our decisions regarding immunity of government officers otherwise personally liable for acts done in the course of their official duties. Her theory would absolutely immunize state officials from personal liability for acts within their authority and necessary to fulfilling governmental responsibilities. Yet our cases do not extend absolute immunity to all officers who engage in necessary official acts. Rather, immunity from suit under § 1983 is “predicated upon a considered inquiry into the immunity historically accorded the relevant[*29] official at common law and the interests behind it,” Imbler v. Pachtman, 424 U. S. 409, 421 (1976), and officials seeking absolute immunity must show that such immunity is justified for the governmental function at issue, Burns v. Reed, 500 U. S. 478, 486-487 (1991).
This Court has refused to extend absolute immunity beyond a very limited class of officials, including the President of the United States, legislators carrying out their legislative functions, and judges carrying out their judicial functions, “whose special functions or constitutional status requires complete protection from suit.” Harlow v. Fitzgerald, 457 U. S. 800, 807 (1982). State executive officials are not entitled to absolute immunity for their official actions. Scheuer v. Rhodes, supra. In several instances, moreover, we have concluded that no more than a qualified immunity attaches to administrative employment decisions, even if the same official has absolute immunity when performing other functions. See Forrester v. White, 484 U. S. 219 (1988) (dismissal of court employee by state judge); Harlow v. Fitzgerald, supra (discharge of Air Force employee, allegedly orchestrated by senior White House aides) (action under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971)); Davis v. Passman, 442 U. S. 228 (1979) (dismissal of congressional aide) (Bivens action). That Hafer may assert personal immunity within the framework of these cases in no way supports her argument here.
B
Hafer further asks us to read Will’s language concerning suits against state officials as establishing the limits of liability under the Eleventh Amendment. She asserts that imposing personal liability on officeholders may infringe on state sovereignty by rendering government less effective; thus, she argues, the Eleventh Amendment forbids personal-capacity suits against state officials in federal court.
[*30] Most certainly, Will’s holding does not rest directly on the Eleventh Amendment. Whereas the Eleventh Amendment bars suits in federal court “by private parties seeking to impose a liability which must be paid from public funds in the state treasury,” Edelman v. Jordan, 415 U. S. 651, 663 (1974), Will arose from a suit in state court. We considered the Eleventh Amendment in Will only because the fact that Congress did not intend to override state immunity when it enacted § 1983 was relevant to statutory construction: “Given that a principal purpose behind the enactment of § 1983 was to provide a federal forum for civil rights claims,” Congress’ failure to authorize suits against States in federal courts suggested that it also did not intend to authorize such claims in state courts. 491 U. S., at 66.
To the extent that Hafer argues from the Eleventh Amendment itself, she makes a claim that failed in Scheuer v. Rhodes, supra. In Scheuer, personal representatives of the estates of three students who died at Kent State University in May 1970 sought damages from the Governor of Ohio and other state officials. The District Court dismissed their complaints on the theory that the suits, although brought against state officials in their personal capacities, were in substance actions against the State of Ohio and therefore barred by the Eleventh Amendment.
We rejected this view. “[S]ince Ex parte Young, 209 U. S. 123 (1908),” we said, “it has been settled that the Eleventh Amendment provides no shield for a state official confronted by a claim that he had deprived another of a federal right under the color of state law.” Scheuer, supra, at 237. While the doctrine of Ex parte Young does not apply where a plaintiff seeks damages from the public treasury, damages awards against individual defendants in federal courts “are a permissible remedy in some circumstances notwithstanding the fact that they hold public office.” 416 U. S., at 238. That is, the Eleventh Amendment does not erect a barrier[*31] against suits to impose “individual and personal liability” on state officials under § 1983. Ibid.
To be sure, imposing personal liability on state officers may hamper their performance of public duties. But such concerns are properly addressed within the framework of our personal immunity jurisprudence. See Forrester v. White, supra, at 223. Insofar as respondents seek damages against Hafer personally, the Eleventh Amendment does not restrict their ability to sue in federal court.
We hold that state officials, sued in their individual capacities, are “persons” within the meaning of § 1983. The Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liability under § 1983 solely by virtue of the “official” nature of their acts.
The judgment of the Court of Appeals is
Affirmed.
Justice Thomas took no part in the consideration or decision of this case.
The Third Circuit looked to the proceedings below to determine whether certain respondents brought their claims for damages against Hafer in her official capacity or her personal capacity. 912 F. 2d, at 635-636. Several other Courts of Appeals adhere to this practice. See Conner v. Reinhard, 847 F. 2d 384, 394, n. 8 (CA7), cert. denied, 488 U. S. 856 (1988); Houston v. Reich, 932 F. 2d 883, 885 (CA10 1991); Lundgren v. McDaniel, 814 F. 2d 600, 603-604 (CA11 1987). Still others impose a more rigid pleading requirement. See Wells v. Brown, 891 F. 2d 591, 592 (CA6 1989) (§ 1983 plaintiff must specifically plead that suit for damages is brought against state official in individual capacity); Nix v. Norman, 879 F. 2d 429, 431 (CA8 1989) (same). Because this issue is not properly before us, we simply reiterate the Third Circuit’s view that “[i]t is obviously preferable for the plaintiff to be specific in the first instance to avoid any ambiguity.” 912 F. 2d, at 636, n. 7. See this Court’s Rule 14.1(a) (“Only the questions set forth in the petition, or fairly included therein, will be considered by the Court”).