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HAFER v. MELO

No. 90-681.

502 U.S. 21 (1991)

HAFER v. MELO et al.

United States Supreme Court.

Decided November 5, 1991.

Attorney(s) appearing for the Case

Jerome R. Richter argued the cause for petitioner. With him on the briefs was Goncer M. Krestal.

William Goldstein argued the cause for respondents. With him on the brief was Edward H. Rubenstone.*

O'Connor, J., delivered the opinion of the Court, in which all other Members joined, except Thomas, J., who took no part in the consideration or decision of the case.

Justice O'Connor, delivered the opinion of the Court.

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...

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