Crawford-El v. Britton, 523 U.S. 574, 12 (1998)

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Cite as: 523 U. S. 574 (1998)

Opinion of the Court

state of mind is "easy to allege and hard to disprove," insubstantial claims that turn on improper intent may be less amenable to summary disposition than other types of claims against government officials. 93 F. 3d, at 816, 821. This category of claims therefore implicates obvious concerns with the social costs of subjecting public officials to discovery and trial, as well as liability for damages. The other Courts of Appeals have also grappled with this problem, but none has adopted a heightened burden of proof. See id., at 851- 852, n. 7 (Edwards, C. J., concurring in judgment) (citing cases).

The new rule established in this case is not limited to suits by prisoners against local officials, but applies to all classes of plaintiffs bringing damages actions against any government official, whether federal, state, or local. See Butz v. Economou, 438 U. S. 478, 500-504 (1978). The heightened burden of proof applies, moreover, to the wide array of different federal law claims for which an official's motive is a necessary element, such as claims of race and gender discrimination in violation of the Equal Protection Clause,6 cruel and unusual punishment in violation of the Eighth Amendment,7 and termination of employment based on political affiliation in violation of the First Amendment,8 as well as retaliation for the exercise of free speech or other constitutional rights.9 A

bare majority of the Court of Appeals regarded this sweeping rule as a necessary corollary to our opinion in Harlow.

There is, of course, an important difference between the holding in a case and the reasoning that supports that holding. We shall, therefore, begin by explaining why our hold-6 Washington v. Davis, 426 U. S. 229, 239-248 (1976) (race); Personnel Administrator of Mass. v. Feeney, 442 U. S. 256, 274 (1979) (gender).

7 Farmer v. Brennan, 511 U. S. 825, 835-840 (1994).

8 Branti v. Finkel, 445 U. S. 507, 513-517 (1980).

9 E. g., Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty., 391 U. S. 563, 574 (1968).

585

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