Sandra Day O'Connor

“ 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. ”

“ To the extent that Will allows the construction Hafer suggests, however, we now eliminate that ambiguity.
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. ”

“ 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. ”

“ Summarizing our holding, we said: " [N] either 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 ”

“ 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. ”