Legal Opinion

Hafer v. Melo

Supreme Court of the United States

Decided November 5, 1991No. 90-681PublishedCited by 4,029 opinions

1Opinion of the CourtJustice O’Connor

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…

2Cases cited20 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  3. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  4. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  5. Scheuer v. RhodesSupreme Court of the United States · 1974

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3Cited by4,029 opinions

  1. Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
  2. Vermont Agency of Natural Resources v. United States Ex Rel. StevensSupreme Court of the United States · 2000
  3. Shawna Hartmann v. California Department of Corr.Court of Appeals for the Ninth Circuit · 2013
  4. Constantine v. Rectors and Visitors of George Mason UniversityCourt of Appeals for the Fourth Circuit · 2005
  5. Renee Palakovic v. John WetzelCourt of Appeals for the Third Circuit · 2017

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