Barbara Hafer v. James C. Melo, JR., et al. (502 U.S. 21)
U.S. Supreme Court · decided November 5, 1991 · Supreme Court Database (Spaeth)
- Citation
- 502 U.S. 21 · 112 S. Ct. 358
- Decided
- November 5, 1991
- Term
- October Term 1991
- Vote
- 8–0
- Majority author
- Justice O'Connor
- Issue area
- Civil Rights
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice O’Connor 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 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…
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