Harry Blackmun

“ In this case we must decide whether a Territory or an officer of the Territory acting in his or her official capacity is a "person" within the meaning of 42 U.S.C. § 1983 (1982 ed.) .
* Petitioners Alex Ngiraingas, Oscar Ongklungel, Jimmy Moses, Arthur Mechol, Jonas Ngeheed, and Bolandis Ngiraingas filed suit in the District Court of Guam, alleging numerous constitutional violations and seeking damages under § 1983. ”

“ Persons acting under color of law of any Territory were not included. Viewed against "the events and passions of the time," id., at 425, 93 S.Ct., at 606, it is evident that Congress was not concerned with Territories when it enacted the Civil Rights Act of 1871, but was concerned, instead, with the "hundreds of outrages committed . ”

“ The omission demonstrates that Congress did not mean to subject Territories to liability under this statute.
Further, the remedy provided by § 1983 was designed to combat the perceived evil. "Congress recognized the need for original federal court jurisdiction as a means to provide at least indirect federal control over the unconstitutional actions of state officials." Carter, 409 U.S., at 428, 93 S.Ct., at 608. " 'The United States courts are further above mere local influence than the county courts; their judges can act with more independence, cannot be put under terror, as local judges can ”

“ The court determined that the police officers were not entitled to immunity from suit in their individual capacities by virtue of § 3 of the Organic Act, as amended, 48 U.S.C. § 1421a (1982 ed.) . 858 F.2d, at 1373. In the court's view, that provision applied only to suits against the Government of Guam and, perhaps, suits against government officers acting in their official capacities. Ibid. Nevertheless, the court held that the defendant officers were entitled to invoke qualified immunity under Harlow v. ”

“ Monroe v. Pape, 365 U.S. 167, 174, 81 S.Ct. 473, 477, 5 L.Ed.2d 492 (1961) (overruled in certain other respects by Monell v. New York City Dept. of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) ) . ”