Wisconsin Dept. of Corrections v. Schacht, 524 U.S. 381, 4 (1998)

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384

WISCONSIN DEPT. OF CORRECTIONS v. SCHACHT

Opinion of the Court

Amdt. 14, § 1; Rev. Stat. § 1979, 42 U. S. C. § 1983. The defendants immediately removed the case to federal court.

The defendants' answer, filed in federal court, in part raised as a "defense" that the "eleventh amendment to the United States Constitution, and the doctrine of sovereign immunity, bars any claim under 42 U. S. C. § 1983 against" the State itself, namely, the "defendant Wisconsin Department of Corrections [and] against any of the named defendants in their official capacities." Answer and Defenses, App. 14-15. See Kentucky v. Graham, 473 U. S. 159, 165-167, and n. 14 (1985) (suit for damages against state officer in official capacity is barred by the Eleventh Amendment); Alabama v. Pugh, 438 U. S. 781, 782 (1978) (per curiam) (suit against state agency is barred by the Eleventh Amendment).

After further proceedings, the Federal District Court considered those claims that were not against the State, that is, the claims against the individual defendants in their "personal capacit[ies]." It concluded as to those claims that, even if Schacht's factual allegations were true, Schacht had received the process that was his "due," and his dismissal did not violate the Fourteenth Amendment. No. 96- C-122-S (WD Wis., Sept. 13, 1996), App. 31-34. It therefore granted the defendants' motion for summary judgment with respect to those claims. Id., at 34.

The federal court also considered the defendants' motion to dismiss those claims filed against the State, i. e., the claims against the Department of Corrections and its employees in their "official capacities." The District Court granted the motion, stating:

"Plaintiff agrees his claims for money damages are barred [by the Eleventh Amendment] but pursues his claims for injunctive relief. Plaintiff does not, however, request injunctive relief in his complaint . . . . Defendants' motion to dismiss plaintiff's claims against the Wisconsin Department of Corrections and the individual

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