502us1$$4Z 08-21-96 15:22:03 PAGES OPINPGT
22
HAFER v. MELO Opinion of the Court
whether they act in accordance with their authority or misuse it. Scheuer v. Rhodes, 416 U. S. 232, 243. Furthermore, Hafer’s theory would absolutely immunize state officials from personal liability under § 1983 solely by virtue of the “official” nature of their acts, in contravention of this Court’s immunity decisions. See, e. g., Scheuer, supra. Pp. 27–29. (c) The Eleventh Amendment does not bar § 1983 personal-capacity suits against state officials in federal court. Id., at 237, 238. Will’s language concerning suits against state officials cannot be read as establishing the limits of liability under the Amendment, since Will arose from a suit in state court and considered the Amendment only because the fact that Congress did not intend to override state immunity when it enacted § 1983 was relevant to statutory construction. 491 U. S., at 66. Although imposing personal liability on state officers may hamper their performance of public duties, such concerns are properly addressed within the framework of this Court’s personal immunity jurisprudence. Pp. 29–31. 912 F. 2d 628, affirmed. O’Connor, J., delivered the opinion of the Court, in which all other Members joined, except Thomas, J., who took no part in the consideration or decision of the case.
Jerome R. Richter argued the cause for petitioner. With him on the briefs was Goncer M. Krestal. William Goldstein argued the cause for respondents. With him on the brief was Edward H. Rubenstone.* 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
- Richard Ruda filed a brief for the National Association of Counties et
al. as amici curiae urging reversal. Briefs of amici curiae urging affirmance were filed for the American Civil Liberties Union et al. by Andrew J. Pincus, John A. Powell, and Steven R. Shapiro; for the American Federation of Labor and Congress of Industrial Organizations by Robert M. Weinberg, Walter Kamiat, and Laurence Gold; for Kenneth W. Fultz by Cletus P. Lyman; and for Nancy Haberstroh by Stephen R. Kaplan.
