michigan dept state police argued december decided june petitioner filed michigan suits alleging respondents department state police director state police official capacity denied promotion improper reason judge ruled petitioner finding respondents persons provides person deprives individual constitutional rights color state law shall liable individual however state appeals vacated judgment department holding state person remanded case determination director possible immunity state affirmed part reversed part agreeing state person holding state official acting official capacity also person held neither state officials acting official capacities persons within meaning pp state person supported statute language congressional purpose legislative history common usage term person include state usage particularly applicable claimed congress subjected liability subject reading include decidedly awkward way expressing congressional intent statute language also falls short satisfying ordinary rule statutory construction congress must make intention alter constitutional balance federal government unmistakably clear statute language moreover doctrine sovereign immunity one immunities defenses congress intend override enacting cf newport fact concerts railroad tennessee dictionary act provision person includes bodies politic corporate fails evidence intent ruling monell new york city dept social services held municipality person contrary since protected eleventh amendment municipalities pp suit state officials official capacities suit officials rather suit officials offices thus different suit state pp white delivered opinion rehnquist scalia kennedy joined brennan filed dissenting opinion marshall blackmun stevens joined post stevens filed dissenting opinion post william burnham argued cause petitioner briefs clark cunningham paul reingold john powell helen hershkoff steven shapiro george weller assistant attorney general michigan argued cause respondents brief frank kelley attorney general louis caruso solicitor general thomas casey assistant solicitor general william bradford conrad harper stuart land norman redlich william robinson antonia hernandez filed brief lawyers committee civil rights law et al amici curiae urging reversal briefs amici curiae urging affirmance filed state tennessee et al michael cody attorney general tennessee michael catalano deputy attorney general attorneys general respective jurisdictions follows siegelman alabama robert corbin arizona john steven clark arkansas john van de kamp california duane woodard colorado joseph lieberman connecticut charles oberly delaware robert butterworth florida warren pries iii hawaii neil hartigan illinois linley pearson indiana thomas miller iowa robert stephan kansas frederic cowan kentucky william guste louisiana joseph curran maryland hubert humphrey iii minnesota michael moore mississippi william webster missouri mike greely montana robert spire nebraska stephen merrill new hampshire hal stratton new mexico lacy thornburg north carolina nicholas spaeth north dakota anthony celebrezze ohio robert henry oklahoma leroy zimmerman pennsylvania hector puerto rico travis medlock south carolina roger tellinghuisen south dakota david wilkinson utah jeffrey amestoy vermont mary sue terry virginia kenneth eikenberry washington charlie brown west virginia hanaway wisconsin joseph meyer wyoming national governors association et al benna ruth solomon kenneth geller andrew pincus justice white delivered opinion case presents question whether state official state acting official capacity person within meaning rev stat petitioner ray filed suit michigan circuit alleging various violations michigan constitutions grounds claim alleged denied promotion data systems analyst position department state police improper reason brother student activist subject red squad file maintained respondent named defendants department state police director state police official capacity also respondent circuit remanded case michigan civil service commission grievance hearing grievance pending petitioner filed suit michigan claims raising essentially identical claim civil service commission ultimately found petitioner favor ruling respondents refused promote petitioner partisan considerations app basis finding judge acting circuit claims cases concluded petitioner established violation constitution judge held circuit action barred state law claims action go forward judge also ruled respondents persons purposes michigan appeals vacated judgment department state police holding state person remanded case determination possible immunity director state police liability damages michigan granted discretionary review affirmed appeals part reversed part smith department pub health agreed state person held state official acting official capacity also person michigan holding state person conflicts number decisions contrary granted certiorari resolve conflict prior monell new york city dept social services question whether state person within meaning answered negative monroe pape held municipality person hat case reasoned intended include parties defendant fitzpatrick bitzer monell overruled monroe holding municipality person since various members debated whether state person within meaning see hutto finney brennan concurring powell concurring part dissenting part never expressly dealt issue courts including michigan construed decision quern jordan holding implication state person see smith department pub health supra see also state green alaska woodbridge worcester state hospital mass edgar state cert denied quern held override state eleventh amendment immunity holding concurrence suggested patently dicta effect state person brennan concurring judgment petitioner filed present actions michigan state places question whether state person squarely us since eleventh amendment apply state courts maine thiboutot reasons follow reaffirm today concluded prior monell considered implicit quern state person within meaning observe initially state person within meaning section read saying every person including state color statute ordinance regulation custom usage state territory district columbia subjects decidedly awkward way expressing intent subject liability least reading statute way clearly indicated provides reason depart understanding common usage term person include sovereign statutes employing word ordinarily construed exclude wilson omaha tribe quoting cooper see also mine workers approach particularly applicable claimed congress subjected liability subject wilson omaha tribe supra followed rule construing phrase white person contained enacted act june stat including sovereign union common usage term person provides strong indication person used likewise include state language also falls far short satisfying ordinary rule statutory construction congress intends alter usual constitutional balance federal government must make intention unmistakably clear language statute atascadero state hospital scanlon see also pennhurst state school hospital halderman atascadero eleventh amendment case similar approach applied contexts congress make intention clear manifest intends historic powers rice santa fe elevator intends impose condition grant federal moneys pennhurst state school hospital halderman south dakota dole traditionally sensitive areas legislation affecting federal balance requirement clear statement assures legislature fact faced intended bring issue critical matters involved judicial decision bass conclusion state person within meaning reinforced congress purpose enacting statute congress enacted civil rights act stat precursor shortly end civil war response widespread deprivations civil rights southern inability unwillingness authorities protect rights punish wrongdoers felder casey although congress establish federal courts exclusive forum remedy deprivations plain congress assigned federal courts paramount role endeavor patsy board regents florida section provides federal forum remedy many deprivations civil liberties provide federal forum litigants seek remedy state alleged deprivations civil liberties eleventh amendment bars suits unless state waived immunity welch texas dept highways public transportation plurality opinion unless congress exercised undoubted power fourteenth amendment override immunity congress passing intention disturb eleventh amendment immunity alter balance respect made clear decision quern given principal purpose behind enactment provide federal forum civil rights claims congress provide federal forum civil rights claims accept petitioner argument congress intended nevertheless create cause action brought state courts precisely courts congress sought allow civil rights claimants avoid mean petitioner suggests think scope eleventh amendment scope separate issues certainly deciphering congressional intent scope scope eleventh amendment consideration decline adopt reading disregards conclusion supported holdings enacting congress intend override immunities defenses common law one important assumption underlying decisions area members congress familiar principles including defenses previously recognized ordinary tort litigation likely intended principles obtain absent specific provisions contrary newport fact concerts stump sparkman scheuer rhodes pierson ray tenney brandhove also effect doctrine sovereign immunity familiar doctrine common law principle elementary state sued courts without consent railroad tennessee established principle jurisprudence sovereign sued courts without consent beers arkansas conclude intended disregard immunity state sued without consent legislative history suggest different conclusion petitioner contends congressional debates act indicate intended extend full reach fourteenth amendment thereby provide remedy forms official violation federally protected rights brief petitioner quoting monell refers us various parts vigorous debates accompanying passage revealing failure take appropriate action undoubtedly motivating force behind inference must drawn urged congress must intended subject liability intent congress provide remedy unconstitutional state action without include sovereign among persons actions lie construing remedy official violation federally protected rights confirm section directed state action action color state law suggest state person congress intended subject liability although sharp heated debates discussion bill contained present extended although respects impact state sovereignty much talked one suggested subject damages suit federal law quern complaint subject state officers damages liability suggestion also expose cong globe find nothing substantial legislative history leads us believe congress intended word person included union surely nothing debates rises clearly expressed legislative intent necessary permit construction likewise act stat dictionary act relied monell supra counsel contrary conclusion noted quern act adopted prior civil rights act adopted civil rights act act derived moreover disagree justice brennan time dictionary act passed phrase bodies politic corporate understood include post rather examination authorities era suggests phrase used mean corporations private public municipal include view dictionary act like legislative history fails evidence clear congressional intent held liable finally monell contrary true prior monell reasoned municipalities persons surely also fitzpatrick bitzer monell overruled monroe undercutting logic follow municipalities persons protected eleventh amendment municipalities monell consequently limited holding monell local government units considered part state eleventh amendment purposes ibid conversely holding cast doubt monell applies governmental entities considered arms state eleventh amendment purposes see mt healthy bd ed doyle petitioner asserts alternatively state officials considered persons even though acting official capacities case petitioner named defendant michigan department state police also director state police official capacity obviously state officials literally persons suit state official official capacity suit official rather suit official office brandon holt different suit state see kentucky graham monell supra see reason adopt different rule present context particularly rule allow petitioner circumvent congressional intent mere pleading device hold neither state officials acting official capacities persons judgment michigan affirmed ordered footnotes every person color statute ordinance regulation custom usage state territory district columbia subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress purposes section act congress applicable exclusively district columbia shall considered statute district columbia also named defendants michigan department civil service state personnel director parties subsequently dismissed state courts courts following cases taken position state person see della grotta rhode island gay student services texas university cert denied uberoi university colorado stanton godfrey ind app gumbhir kansas state bd pharmacy cert denied rahmah navajo school bureau revenue app cert denied large number courts agreed michigan state person see ruiz estelle modified grounds cert denied toledo illinois cert denied harris missouri appeals cert denied aubuchon missouri per curiam cert denied state green alaska mary hospital health center state app mezey state cal app cal rptr hill florida dept corrections cert denied merritt ex rel merritt state idaho woodbridge worcester state hospital mass bird state dept public safety app shaw louis mo app cert denied fuchilla layman cert denied burkey southern ohio correctional facility ohio app gay state tex app edgar state cert denied boldt state cert denied petitioner cites number cases asserts assumed state person cases include ones state sued name see maine thiboutot martinez california various cases awarding attorney fees state state agency maine thiboutot supra hutto finney various cases discussing waiver eleventh amendment immunity see kentucky graham edelman jordan address meaning person cases none cases resolution issue necessary decision petitioner argument evidently rests proposition whether state person jurisdictional thus raised motion cases brief petitioner even assuming petitioner premise characterization cases correct never considered bound prior sub silentio holdings subsequent case finally brings jurisdictional issue us hagans lavine jefferson county pharmaceutical assn abbott laboratories petitioner relies fully reconcilable holding present case jefferson county held persons sued act plaintiff seeking injunctive relief damages state defendant board trustees university alabama district dismissed plaintiff damages claim barred eleventh amendment present action brought federal similar disposition resulted course never faced case jefferson county brought state federal courts exclusive jurisdiction claims federal antitrust laws moreover jefferson county careful limit holding state purchases purpose competing private enterprise retail market assumed without deciding congress intend act apply state purchases consumption traditional governmental functions presents difficult question may well affec federal balance see bass petitioner argues congress considered eleventh amendment enacting yet held eleventh amendment barred cases federal argument attempt reconsider quern jordan decline recognition monell new york city dept social services municipality person fully consistent reasoning owen city independence noted time enactment municipalities longer retained sovereign immunity previously shared end century courts regularly held imposing specific duty municipality either charter statute state impliedly withdrawn city immunity liability nonperformance misperformance obligation result municipalities held liable damages multitude cases involving previously immune activities dictionary act provided acts hereafter passed word person may extend applied bodies politic corporate unless context shows words intended used limited sense act stat see fox abbott dictionary terms phrases used american english jurisprudence exact expression public corporation anderson dictionary law exact expression public corporation corporation powers government black law dictionary body politic term applied corporation usually designated body corporate politic particularly appropriate public corporation invested powers duties government burrill law dictionary glossary ed body politic term applied corporation usually designated body corporate politic public corporation ordinary usage another term municipal corporation included towns cities counties see abbott supra anderson supra black supra burrill supra justice brennan appears confuse precise definition phrase use rather loose way see black supra refer state opposed state confusion revealed clearly justice brennan reliance edition black law dictionary defines body politic corporate social compact whole people covenants citizen citizen whole people shall governed certain laws common good post extent justice brennan citation authorities suffer confusion authorities best suggest phrase ambiguous still renders dictionary act incapable supplying necessary clear intent course state official official capacity sued injunctive relief person actions prospective relief treated actions state kentucky graham ex parte young distinction commonplace sovereign immunity doctrine tribe american constitutional law ed foreign congress enacted see ayers lee board liquidation mccomb osborn bank wheat city kenosha bruno justice stevens relies see post contrary case involved municipal liability fact nothing suggests bifurcated application municipal corporations depending nature relief sought surprising since time enactment municipalities longer protected sovereign immunity supra justice brennan justice marshall justice blackmun justice stevens join dissenting case brought state concedes eleventh amendment inapplicable see ante like guest leave however eleventh amendment lurks everywhere today decision truth determines outcome section civil rights act renders certain persons liable deprivations constitutional rights question presented whether word person statute includes state officials acting official capacities one might expect statutory question generate careful thorough analysis language legislative history general background one expects however one disappointed today decision case decided basis ordinary method statutory construction instead disposes means various rules statutory interpretation summons aid time question looks close specifically invokes following interpretative principles word persons ordinarily construed exclude sovereign congressional intent affect balance must clear manifest intent abrogate eleventh amendment immunity must appear language statute apparently believes rules obviates need close analysis statute language history properly applied however last interpretative principles effect principle pertinent case us invokes first understanding common usage term person include sovereign statutes employing word ordinarily construed exclude ante quoting wilson omaha tribe rule used refute argument language demonstrates intent included defendants ante overcome argument based dictionary act definition person include bodies politic corporate ante ironic say least chooses interpretive rule explaining dictionary act decisive since rule relevant word persons statutory definition one considers origins content interpretive guideline moreover one realizes inapplicable even applied defeat rather support approach result idea word persons ordinarily excludes sovereign traced familiar principle king bound act parliament unless named therein special particular words dollar savings bank wall passage suggests however interpretive principle applies enacting sovereign california see also jefferson county pharmaceutical abbott laboratories furthermore explained herron wall even principle applied enacting sovereign without limitations act parliament made public good advancement religion justice prevent injury wrong king bound act though particularly named therein statute general thereby prerogative right title interest divested taken king case king bound unless statute made extend express words difficult imagine statute clearly designed public good prevent injury wrong even interpretive principle relevant case invocation exclusion careful statutory analysis error made clear principle merely aid consistent construction statutes enacting sovereign purpose doubt require aim statute fairly inferred disregarded explicitly stated california supra indeed immediately following passage quoted today ante effect statutes using word person ordinarily construed exclude sovereign stated hard fast rule exclusion purpose subject matter context legislative history executive interpretation statute aids construction may indicate intent use term bring state nation within scope law decision reached strict construction words act application artificial canons construction contrary read statutory language ordinary natural sense doubts remain resolve light policy intended served enactment well available aids construction cooper second interpretive principle invokes comes cases rice santa fe elevator pennhurst state school hospital halderman south dakota dole bass require clear manifest expression congressional intent change aspect relations ante cases however permit substitution absolutist rule statutory construction thorough statutory analysis indeed decisions undertook careful detailed analysis statutory language history consideration rice particularly inapposite source interpretive method today employs since observes according conventional analysis clear manifest intent state legislation may appear scheme purpose federal statute see principle statutory construction employed justify perfunctory inconclusive analysis statute language history one irrelevant case notion congress intends alter usual constitutional balance federal government must make intention unmistakably clear language statute ante quoting atascadero state hospital scanlon notes atascadero eleventh amendment case constitutional balance atascadero refers struck eleventh amendment come interpret although apparently wishes otherwise principle interpretation atascadero announced unique cases involving eleventh amendment eleventh amendment applies devised principle robust requirement clarity situation indeed today intimated principle simply means discerning congressional intent see dellmuth muth post concluding one may rely permissible inference statute language structure finding abrogation immunity post brennan dissenting see pennsylvania union gas ante since case brought state however strict drafting requirement application eleventh amendment hardly consideration ante suit apply generated uniquely daunting requirement clarity eleventh amendment cases explains quern jordan decide question us today eleventh amendment permits use principle holding quern jordan abrogate eleventh amendment immunity tells us nothing meaning term person matter ordinary statutory construction quern conclusion thus compel even suggest particular result today singularity approach statutory interpretation eleventh amendment cases also refutes argument given quern holding make sense construe include persons see ante suggests construction permit suits state federal even though major purpose congress enacting provide federal forum litigants deprived constitutional rights see monroe pape answering question whether provides federal forum suits however one must apply principle reserved eleventh amendment cases since principle inapplicable suits brought state inapplicable question whether among subject statute see employees missouri dept public health welfare atascadero supra answer question whether provides federal forum suits may often different answer kind question us today since question whether congress provided federal forum damages suits answered applying uniquely strict interpretive principle see supra pretend quern answered question whether congress intended provide federal forum suits reason backwards intent conclusion congress must intended allow suits proceed state short principle statutory interpretation permits avoid careful thorough analysis language history principle come apply eleventh amendment cases principle irrelevant action view careful detailed analysis leads conclusion persons within meaning statute ii section provides every person color statute ordinance regulation custom usage state territory district columbia subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress acts hereafter passed word person may extend applied bodies politic corporate unless context shows words intended used limited sense act stat time dictionary act passed phrase bodies politic corporate understood include see bouvier law dictionary adapted constitution laws america ed shumaker longsdorf cyclopedic dictionary law chisholm georgia dall iredell cushing cotton every sovereign state necessity body politic artificial person poindexter greenhow mcpherson blacker heim mccall see also maurice brock cc marshall government consequently body politic corporate van brocklin tennessee indeed legislators passed referred terms see cong globe vickers state body politic corporate edmunds state corporation reason bodies politic corporate simple corporation entity act agents state political corporate body act agents command laws poindexter greenhow supra see also black law dictionary ed ody politic corporate social compact whole people covenants citizen citizen whole people shall governed certain laws common good body politic corporate state falls squarely within dictionary act definition person certainly true phrase bodies politic corporate referred private public corporations see ante fact draw question conclusion phrase also applied phrases may course multiple referents indeed every dictionary cited accords broader realm one comfortably cases explicitly includes sovereign phrase gives today see abbott dictionary terms phrases used american english jurisprudence term body politic often used general way meaning state sovereign power city government without implying distinct express incorporation anderson dictionary law ody politic governmental sovereign power city state black law dictionary ody politic often used rather loose way designate state nation sovereign power government county municipality without distinctly connoting express individual corporate charter burrill law dictionary glossary ed ody politic body take succession framed policy articularly applied old books corporation sole orporation sole includes sovereign england recognize uses phrase deemed valid dictionary act passed accuses confus ing precise definition phrase use rather loose way refer state opposed state ante quoting black supra never occurred however precise definitions counted valid ones question face meaning congress attached particular word phrase usually properly loath conclude congress meant use word phrase hypertechnical sense unless said distinction state state force suggestion take phrase bodies politic corporate refers nations rather within nation must explain many sources quoted refer addition nations opinion utterly devoted rights sovereigns moreover surprising indeed find distinguishing sovereign sovereign nation deciding phrase bodies politic corporate means furthermore see relevance meaning term public corporation see ante phrase chosen congress dictionary act suggestion phrase coterminous phrase bodies politic corporate begs question whether latter one includes grasp significance decision fox question whether state new york including persons corporations within class land devised intended authorize devises ante noting question determined laws new york held require express definition hold word persons included federal government state law term corporations applied corporations created laws new york pertinence questions issue us today escapes confront entirely different federal statute also express statement dictionary act word person includes bodies politic corporate see also pfizer india relevance fact civil rights act stat model act passed dictionary act see ante similarly eludes congress chose use word person act even passed dictionary act presumptively including bodies politic corporate within category persons decision failure indicate act dictionary act presumption apply demonstrate congress indeed intend persons include bodies politic corporate addition dictionary act definition person means dropped sky many authorities cited predate dictionary act act indicating word persons ordinarily thought include bodies politic corporate without dictionary act last point helps explain matter small importance dictionary act definition person including bodies politic corporate retroactively withdrawn federal statutes revised see durant report joint committee revision laws two months presumptively designating bodies politic corporate persons congress chose word person civil rights act purpose determining congress intent using term decisive three years later withdrew presumption fact majority dissent monell emphasized version dictionary act neither saw fit even mention revision statute nn opinion rehnquist dissenting even cases moreover statutory definition word persons available hesitated include bodies politic corporate within category see stanley schwalby word person statute include body politic corporate ohio helvering shirey thus question us whether presumption word person civil rights act included bodies politic corporate hence overcome anything statute language history certainly nothing statutory language overrides presumption statute explicitly directed action taken color state law thus supports rather refutes idea persons mentioned statute include indeed almost century monroe pape unclear whether statute applied action authorized state enduring significance first cases construing fourteenth amendment pursuant passed lies conclusion prohibitions amendment reach private action see civil rights cases setting one reasonably deny significance explicit focus state action unimpressed arguments simply asserts reading statute mentions person decidedly awkward ante describe awkwardness perceives take objection requirement redundant included statute necessarily act color state law extends well natural persons necessarily act order ensure liable statute needed requirement way remove redundancy sees eliminate catchall phrase person altogether separately describe category possible defendants circumstances might liable think situation involving eleventh amendment however imposed unforgiving drafting requirement congress taking example closest case might observed monell clumsily written included municipalities since may act color state authority nevertheless held statute apply municipalities similarly construed statutory term white persons include corporations companies associations firms partnerships societies joint stock companies well individuals see wilson omaha tribe quoting despite evident awkwardness indeed virtually every time construe word person include corporate artificial entities individual persons awkwardness results given cases like monell wilson difficult understand mere linguistic awkwardness control good reason accept awkward reading statute legislative history background statute confirm presumption created dictionary act overridden act even without presumption plain person act must include discussed detail legislative history statute opinion concurring judgment quern jordan shall cover ground suffice say view legislative history provision though spare demonstrates congress recognized accepted fact statute directed one need believe statute satisfies heightened principle reserved eleventh amendment cases order conclude language legislative history show word person must include general historical background easily forget think circumstances existing country early civil rights statutes passed iewed events passions time price little doubt civil rights act included persons following brief description reconstruction period illuminating civil war ended april relations negroes whites increasingly turbulent congress taken control entire governmental process former confederate declared governments unreconstructed illegal set federal military administrations place congress refused seat representatives adopted constitutions guaranteeing negro suffrage ratified fourteenth amendment constitutional conventions called six fulfilled congress requirements four years radical republicans dominated governments southern negroes played substantial political role countermeasures swift violent ku klux klan organized southern whites similar organization appeared romantic title knights white camellia wave murders assaults launched including assassinations designed keep negroes polls helpless despite resort extreme measures making legal hunt shoot disguised man within congress pressures mounted period end war drastic measures months ratification thirteenth amendment december congress april enacted civil rights act june fourteenth amendment proposed ratified july february fifteenth amendment proposed ratified february may enforcement act enacted footnotes omitted iii describe breadth holding demonstrate unwisdom persons within meaning may sued statute regardless whether consented suit even words state formally explicitly consented suits federal state plaintiff proceed within statute category possible defendants indeed exceptional holding depart suggestion alabama pugh state defendant consented suit see also quern jordan supra also renders ineffective choices made permit suits see della grotta rhode island understand purpose served principle federalism comity promoted refusing give force state explicit consent suit appears driven peculiar result part view enacting congress intend override immunities defenses common law ante question whether persons separate distinct question whether may assert defense sovereign immunity prior decisions involving immunities held existence immunity defense excluded relevant state actor category persons liable see forrester white mistake today approach entrenches effect immunity even immunity waived part reverse judgment remand resolution question whether michigan assert sovereign immunity defense suit whether assertion immunity preclude suit given suggestion michigan enjoys immunity violations constitution smith department public health boyle concurring certainly possibility hold state also lacks immunity suits violations federal constitution moreover even decided state waiver immunity apply suits substantial question whether michigan discriminate virtually identical causes action ground one state suit federal one cf testa katt martinez california finally even questions resolved favor immunity defense remain question whether reasonable attribute congress intent allow decide whether take cognizance suits brought cf martinez supra owen city independence disposed case ground persons within meaning pass upon difficult important questions therefore remand case state resolve questions first instance justice stevens dissenting legal doctrines often flourish long raison perished doctrine sovereign immunity rests fictional premise king wrong even though plot assassinate james execution charles colonists reaction george iii stamp tax made rather clear fictional character doctrine underpinnings british subjects found gracious means compelling king obey law rather simply repudiating doctrine held advisers agents responsible administration also relied fictions protect illusion sovereign state absent consent may held accountable delicts federal settled course decision contexts ranging school desegregation provision public assistance benefits administration prison systems state facilities held liable constitutional violations artifice naming public officer nominal party one strips away eleventh amendment overlay applied actions federal apparent cases treated state real party interest purposes granting prospective ancillary relief denying retroactive relief suit brought state eleventh amendment inapplicable follows state named directly party suit typical way held responsible duties federal law suit explained generally represent another way pleading action entity officer agent kentucky graham quoting monell new york city dept social services see also pennhurst state school hospital halderman peculiar eleventh amendment analysis applied cases recognized action reality always state balanced interests determine whether particular type relief available held suit seeks equitable relief money damages state officer injuries suffered past interests compensation deterrence insufficiently weighty override state sovereign immunity see papasan allain green mansour edelman jordan hand although prospective relief awarded state officer also implicate eleventh amendment concerns mansour interests end ing continuing violation federal law outweigh interests state sovereignty justify award injunction operates state officers even directly state see papasan supra quern jordan milliken bradley milliken bradley supra example unanimous upheld order requiring state michigan pay fund educational components desegregation decree notwithstanding direct substantial impact state treasury emphasis added justice powell stated opinion concurring judgment state adjudged participant constitutional violations state therefore may ordered participate prospectively remedy otherwise appropriate subsequent decisions adhered position equitable relief even remedy might require expenditure state funds papasan supra may awarded ensure future compliance state substantive federal question determination see also quern jordan treatment persons also exemplified decisions holding ancillary relief attorney fees may awarded directly state explained liability merits responsibility fees go hand hand defendant prevailed either legal immunity merits authorize fee award defendant kentucky graham supra nonetheless held hutto finney case challenging administration arkansas prison system federal district award attorney fees directly state see brandon holt assess attorney fees litigation paid department corrections funds virginia consumers union justice white reaffirmed unanimous award fees entered state state agency case state injunctive action suits commenced state independent reason require parties sue nominally state officer held attorney fees awarded state name see maine thiboutot civil rights act intended provide remedy broadly construed forms official violation federally protected rights monell new york city dept social services holdings action brought state officials official capacity constitutional violations properly recognize faithful profound mandate prospective relief awarded state officials state real party interest suits state must person held liable conclusion available eleventh amendment principles may limit state capacity sued federal see alabama pugh since principles applicable suits state see thiboutot supra nevada hall need resort fiction suit state may named directly defendant action concludes however state official official capacity sued injunctive relief person ante party sued official capacity person plaintiff seeks monetary relief cites support proposition cases osborn bank wheat chief justice marshall held action state auditor recover taxes illegally collected constitute action state line authority foreign congress enacted ante supposition question whether complaint state official claim type relief sought whether impact state treasury see governor georgia madrazo pet least actions state constitutional reason look effect state see edelman jordan analysis support actions recovery chattel real property state officials well known century see poindexter greenhow lee although conclusion state officer sued damages official capacity person quite follow might nonetheless permissible assume congress contemplate action damages payable officer personally state constructed edifice purposes eleventh amendment theory state always real party interest action state officer think majority impelled conclude state person justice brennan demonstrated also compelling textual argument persons addition construction draws illogical distinction wrongs committed county municipal officials one hand committed state officials finally necessity import question statutory construction doctrine created protect fiction one sovereign sued courts another sovereign aside reasons holding state person departs long line judicial authority based exactly premise respectfully dissent common phenomenon one familiar student history customs beliefs needs primitive time establish rule formula course centuries custom belief necessity disappears rule remains reason gave rise rule forgotten ingenious minds set inquire accounted ground policy thought seems explain reconcile present state things rule adapts new reasons found enters new career old form receives new content time even form modifies fit meaning received holmes common law howe ed see blackstone commentaries king moreover incapable wrong even thinking wrong never mean improper thing first chapter classic history england published thomas macaulay wrote kindred constitutions english early period justly reputed best prerogatives sovereign undoubtedly extensive power though ample limited three great constitutional principles ancient none say began exist potent natural development continued many generations produced order things live first king legislate without consent parliament secondly impose tax without consent parliament thirdly bound conduct executive administration according laws land broke laws advisers agents responsible macaulay history england noted hutto finney milliken bradley affirmed order requiring state treasurer pay substantial sum another litigant even though district opinion explicitly recognized remedial decree paid taxpayers city detroit state michigan app pet cert milliken bradley pp even though appeals affirming stated district ordered state detroit board pay costs relief bradley milliken explained legislative history evinced congress intent attorney fees assessed state legislative history equally plain intended attorneys fees like items costs collected either directly official official capacity funds agency control state local government whether agency government named party omitted house report accord greater resources available governments provide ample base fees awarded prevailing plaintiff suits governmental officials entities report added course amendment bar awarding counsel fees state governments fitzpartick bitzer congress intent expressed deeds well words rejected least two attempts amend act immunize state local governments awards hutto supra surely incorrect assert determination state person unnecessary decisions awarding attorney fees state state agency ante basis liability state state agency party difficult see basis imposition fees indeed never questioned state proper defendant action state consented joined name suit federal see alabama pugh named defendant action state see maine thiboutot martinez california cf city kenosha bruno find nothing legislative history discussed monroe pape language actually used congress suggest generic word person intended bifurcated application municipal corporations depending nature relief sought