scheuer rhodes argued december decided april together krause administrator et al rhodes governor ohio et also certiorari petitioners personal representatives estates students killed campus university brought damages actions governor adjutant general ohio national guard various guard officers enlisted members university president charging officials acting color state law intentionally recklessly willfully wantonly caused unnecessary guard deployment campus ordered guard members perform allegedly illegal acts resulting students deaths district dismissed complaints lack jurisdiction without filing answer without evidence governor proclamations brief affidavits adjutant general assistant holding respondents sued official capacities actions therefore effect state barred eleventh amendment appeals affirmed ground alternative ground doctrine executive immunity absolute barred action respondent state officials held eleventh amendment circumstances bar action damages state official charged depriving person federal right color state law district acted prematurely hence erroneously dismissing complaints without affording petitioners opportunity subsequent proof establish claims pp immunity officers executive branch state government acts absolute qualified varying degree depending upon scope discretion responsibilities particular office circumstances existing time challenged action taken pp burger delivered opinion members joined except douglas took part decision cases michael geltner argued cause petitioner briefs leonard schwartz melvin wulf joel gora nelson karl niki schwartz walter haffner steven sindell argued cause petitioners brief joseph sindell joseph kelner charles brown argued cause respondents brief robert howarth delmar christensen lambros brooke alloway argued cause respondents brief john fn briefs amici curiae urging reversal cases filed mario obledo sanford jay rosen mexican american legal defense educational fund david engdahl national council churches christ et al carl character filed brief national bar assn amicus curiae urging reversal chief justice burger delivered opinion granted certiorari cases resolve whether district correctly dismissed civil damage actions brought ground actions matter law state ohio hence barred eleventh amendment constitution alternatively actions state officials immune liability acts alleged complaints cases arise period alleged civil disorder campus kent state university ohio may us another context gilligan morgan cases personal representatives estates three students died episode seek damages governor adjutant general assistant various named unnamed officers enlisted members ohio national guard president kent state university complaints cases allege cause action civil rights act stat petitioner scheuer also alleges cause action ohio law theory pendent jurisdiction petitioners krause miller make similar claim asserting jurisdiction basis diversity citizenship district dismissed complaints lack jurisdiction subject matter theory actions although form named individuals substance effect state ohio thus barred eleventh amendment appeals affirmed action district agreeing suit legal effect one state ohio alternatively doctrine executive immunity barred action state officials respondents confronted narrow threshold question whether district properly dismissed complaints hold dismissal inappropriate stage litigation accordingly reverse judgments remand proceedings intimate view merits allegations since evidence us stage complaints cases identical thrust essentially essence defendants alleged intentionally recklessly willfully wantonly caused unnecessary deployment ohio national guard kent state campus manner ordered guard members perform allegedly illegal actions resulted death plaintiffs decedents complaints allege action taken color state law deprived decedents lives rights without due process law fairly read complaints allege named defendants undertaking actions acted either outside scope respective office within scope acted arbitrary manner grossly abusing lawful powers office complaints dismissed district lack jurisdiction without filing answer complaints pertinent documentation addition complaints two proclamations issued respondent governor first proclamation ordered guard duty protect violence arising wildcat strikes trucking industry recited account conditions prevailing kent state university time dismissing complaints want subject matter jurisdiction early stage district held noted earlier defendants sued official representative capacities actions therefore effect state ohio primary question presented whether district acted prematurely hence erroneously dismissing complaints stated ground thus precluding opportunity plaintiffs subsequent proof establish claim federal reviews sufficiency complaint reception evidence either affidavit admissions task necessarily limited one issue whether plaintiff ultimately prevail whether claimant entitled offer evidence support claims indeed may appear face pleadings recovery remote unlikely test moreover well established passing motion dismiss whether ground lack jurisdiction subject matter failure state cause action allegations complaint construed favorably pleader appraising sufficiency complaint follow course accepted rule complaint dismissed failure state claim unless appears beyond doubt plaintiff prove set facts support claim entitle relief conley gibson omitted ii eleventh amendment constitution provides judicial power shall construed extend suit law equity commenced prosecuted one citizens another state well established amendment bars suits state named party also party fact edelman jordan poindexter greenhow cunningham macon brunswick applicability determined mere names titular parties essential nature effect proceeding appears entire record ex parte new york however since ex parte young settled eleventh amendment provides shield state official confronted claim deprived another federal right color state law ex parte young teaches state officer acts state law manner violative federal constitution comes conflict superior authority constitution case stripped official representative character subjected person consequences individual conduct state power impart immunity responsibility authority emphasis supplied analyzing complaints light precedents see petitioners allege facts demonstrate seeking impose individual personal liability named defendants claim yet established proof deprivation federal rights defendants color state law whatever plaintiffs may may able establish merits allegations claims stated complaints given favorable reading required federal rules civil procedure barred eleventh amendment consequently district erred dismissing complaints lack jurisdiction iii appeals relied upon existence absolute executive immunity alternative ground sustaining dismissal complaints district immunity member executive branch absolute comprehensive acts allegedly performed within scope official duty appeals correct hand immunity absolute rather one qualified limited executive officer may may subject liability depending circumstances may revealed evidence concept immunity government officers personal liability springs root considerations generated doctrine sovereign immunity latter doctrine king wrong protect government officers personal liability common law soon recognized necessity permitting officials perform official functions free threat suits personal liability official immunity apparently rested genesis two mutually dependent rationales injustice particularly absence bad faith subjecting liability officer required legal obligations position exercise discretion danger threat liability deter willingness execute office decisiveness judgment required public good country development law immunity public officials product constitutional provision well legislative judicial processes federal constitution grants absolute immunity members houses congress respect speech debate vote report action done session art see gravel brewster kilbourn thompson provision intended secure legislative branch government freedom executive judicial encroachment secured england bill rights carried original colonies johnson justice harlan noted little doubt instigation criminal charges critical disfavored legislators executive judicial forum chief fear prompting long struggle parliamentary privilege england context american system separation powers predominate thrust speech debate clause although development general concept immunity mutations underlying rationale undergone application various positions matters immediate concern important note even outset one policy consideration seems pervade analysis public interest requires decisions action enforce laws protection public justice jackson expressed general proposition succinctly stating tort government govern dalehite dissenting opinion public officials whether governors mayors police legislators judges fail make decisions needed act implement decisions made fully faithfully perform duties offices implicit idea officials immunity absolute qualified acts recognition may err concept immunity assumes goes assume better risk error possible injury error decide act barr matteo observed somewhat parallel context privilege public officers defamation actions privilege badge emolument exalted office expression policy designed aid effective functioning government see also spalding vilas present purposes need determine whether absolute immunity appeals determined governing specific allegations complaint chief executive officer state senior subordinate officers enlisted personnel state national guard president university immunity qualified absolute scope immunity necessarily related facts yet established either affidavits admissions trial record final resolution question must take account functions responsibilities particular defendants capacities officers state government well purposes neither inquiries write clean slate hardly argued late date circumstances officers state government subject liability statute monroe pape supra justice douglas writing held section question meant give remedy parties deprived constitutional rights privileges immunities official abuse position civil rights statutes congress intended enforce provisions fourteenth amendment carry badge authority state represent capacity whether act accordance authority misuse since statute relied thus included within scope isuse power possessed virtue state law made possible wrongdoer clothed authority state law quoting classic government officials class totally exempt virtue absolute immunity liability terms indeed also indicated monroe pape supra legislative history indicates absolute immunity soon monroe pape chief justice warren noted pierson ray legislative record gives clear indication congress meant abolish wholesale immunities previously recognized civil rights act create civil liability legislative acts legislators field legislators traditionally power act tenney brandhove noting privilege legislators free arrest civil process say legislative proceedings taproots parliamentary struggles sixteenth seventeenth centuries concluded highly improbable congress staunch advocate legislative freedom impinge tradition well grounded history reason covert inclusion general language statute similar fashion pierson ray supra examined scope judicial immunity statute noting record contained proof specific allegation trial judge played role arrests convictions adjudge petitioners guilty cases came concluded congress intended abolish immunity judges acts within judicial role done specifically errors may corrected appeal fear unsatisfied litigants may hound litigation charging malice corruption imposing burden judges contribute principled fearless intimidation ibid defend theory believed good faith constitutional arrest ministers solely using white waiting room rather claimed attempted prove arrested solely purpose preventing violence testified contradiction ministers crowd gathered imminent violence likely jury believed testimony officers disbelieved ministers jury found officers reasonably believed good faith arrest constitutional verdict officers follow even though arrest fact without probable cause unconstitutional defense good faith probable cause appeals found available officers action false arrest imprisonment also available action sure occasions upon acts head executive department protected privilege doubtless far broader case officer less sweeping functions higher post broader range responsibilities duties wider scope discretion entails title office duties particular officer sought made respond damages entrusted relation act complained matters committed law control supervision spalding vilas supra must provide guide delineating scope rule clothes official acts executive officer immunity civil defamation suits doubt cases expert spot may called upon justify conduct later notwithstanding fact sole command time acted best knowledge position captain ship even case great weight given determination matter judged facts appeared merely light event moyer peabody citations omitted extreme position deemed well taken manifest fiat state governor constitution law land restrictions federal constitution upon exercise state power impotent phrases futility state may time disclose simple process transferring powers legislation governor exercised beyond control upon assertion necessity system government conclusion obviously untenable avenue escape paramount authority federal constitution substantial showing exertion state power overridden private rights secured constitution subject necessarily one judicial inquiry appropriate proceeding directed individuals charged transgression iv cases present posture present occasion definitive exploration scope immunity available state executive officials absence factual record permit determination applicability foregoing principles respondents district acted answers filed without evidence copies proclamations issued respondent rhodes brief affidavits adjutant general assistant dismissing complaints district appeals erroneously accepted fact good faith governor took judicial notice mob rule existed kent state university opportunity afforded petitioners contest facts assumed conclusion evidence courts finding good faith properly made circumstances cases dispositive conclusion judicially noticed readily grant declaration emergency chief executive state entitled great weight conclusive sterling constantin supra documents properly district early pleading stage specifically placed issue whether governor subordinate officers acting within scope duties constitution laws ohio whether acted within range discretion permitted holders office ohio law whether acted good faith proclaiming emergency actions taken cope emergency declared similarly complaints place directly issue whether lesser officers enlisted personnel guard acted obedience orders superiors proceedings either way summary judgment trial merits required complaining parties entitled heard fully possible motion dismiss complaint intimate evaluation whatever merits petitioners claims whether possible support proof hold allegations respective complaints entitled judicially resolved judgments appeals reversed cases remanded proceedings consistent opinion ordered footnotes krause complaint plaintiff citizen pennsylvania expressly invokes federal diversity jurisdiction miller complaint plaintiff citizen new york complaint specifically refer jurisdiction alleges facts clearly support diversity jurisdiction app see fed rule civ proc krause case adjutant general assistant also filed brief affidavits seem basically directed motion change venue event make substantial contribution jurisdictional immunity questions england legislative immunity secured long struggle bill rights freedom speech debates proceedings parliament impeached questioned place parliament sess see stockdale hansard ad eng english experience course guided drafters speech debate clause see tenney brandhove johnson brewster regard judicial immunity holdsworth notes case courts record held certainly early edward iii reign litigant go behind record order make judge civilly criminally liable abuse jurisdiction holdsworth history english law modern concept owes much elaboration restatement coke judges sixteenth early seventeenth centuries et seq see floyd barker eng immunity crown traditionally limited nature officers crown first insulated responsibility since king claim act absolute insulation gradually eroded statute westminster edw repealed statute westminster ii edw repealed development liability especially times tudors stuarts slow see public officers protection act jac repealed accession william mary liability officers saw jaffe termed remarkable significant extension ashby white bro eng reversing mod eng jaffe suits governments officers sovereign immunity harv rev dicey law constitution ed footnotes omitted see generally barr matteo performance discretionary duty remained seems defense see jaffe suits governments officers damage actions harv rev see also spalding vilas et seq jaffe suits governments officers damage actions harv justice frankfurter noted tenney brandhove provision constitution reflection political principles already firmly established three state constitutions adopted federal constitution specifically protected privilege see coffin coffin mass see also kilbourn thompson example floyd barker supra coke emphasized judges make account god king since contrary rule tend scandal subversion justice sincere free continual calumniations eng see also yaselli goff aff per curiam spalding vilas noted exercising functions office head executive department keeping within limits authority apprehension motives control official conduct may time become subject inquiry civil suit damages seriously cripple proper effective administration public affairs entrusted executive branch government subjected restraint spalding vilas discussing early principles judicial immunity country cf randall brigham wall bradley fisher wall yates lansing johns noted similarity controlling policy considerations case executive officers judges opinion general considerations public policy convenience demand judges courts superior jurisdiction immunity civil suits damages arising acts done course performance judicial functions apply large extent official communications made heads executive departments engaged discharge duties imposed upon law interests people require due protection accorded respect official acts