Laskaris v. Thornburgh
Laskaris v. Thornburgh
Opinion of the Court
OPINION OF THE COURT
The major question for decision in this appeal from the district court’s dismissal of appellant’s complaint is whether the eleventh amendment bars the district court from granting relief against certain state officials named as defendants.
I.
We reject the district court’s suggestion that the teachings of Branti and Elrod do not apply to state employees. In fashioning the novel doctrine
II.
We now turn to the eleventh amendment issue. The district court, relying on Scheuer v. Rhodes, 416 U.S. 232, 237-38, 94 S.Ct. 1683, 1686-87, 40 L.Ed.2d 90 (1974), reasoned that because state officers were the defendants, the complaint was in fact against the state. Thus, the district court concluded that the action was barred by the eleventh amendment. We disagree.
Absent a state’s consent, the eleventh amendment bars a civil rights suit in federal court that names the state as a defendant, even a claim seeking injunctive relief-. Alabama v. Pugh, 438 U.S. 781, 98 S.Ct. 3057, 57 L.Ed.2d 1114 (1978) (per curiam). By statute Pennsylvania has specifically withheld consent:
Federal courts. — Nothing contained in this subchapter shall be construed to waive the immunity of the Commonwealth from suit in Federal courts guaranteed by the Eleventh Amendment to the Constitution of the United States.
42 Pa.Cons.Stat.Ann. § 8521(b). The eleventh amendment’s bar extends to suits against departments or agencies of the state having no existence apart from the state. Mt. Healthy City Board of Education v. Doyle, 429 U.S. 274, 280, 97 S.Ct. 568, 572, 50 L.Ed.2d 471 (1977). Similarly, an
Relying on Gurmankin v. Costanzo, 626 F.2d 1115, 1122 (3d Cir. 1980), the appellant argues that an award of back pay is “merely an element of the equitable remedy of reinstatement,” (quoting Harkless v. Sweeny Independent School District, 427 F.2d 319, 324 (5th Cir. 1970), cert. denied, 400 U.S. 991, 91 S.Ct. 451, 27 L.Ed.2d 439 (1971)), and therefore is not barred by the eleventh amendment. In our view, Gurmankin is inapposite to this case because there the defendant was not a Pennsylvania state agency, but the school district of Philadelphia. The eleventh amendmentwas not an issue in Gurmankin.
This court recently considered whether the eleventh amendment bars an award of back pay against a state agency in Skehan v. Board of Trustees, 590 F.2d 470, 485-91 (3d Cir. 1978), cert. denied, 444 U.S. 832, 100 S.Ct. 61, 62 L.Ed.2d 41 (1979) (Skehan III). Skehan III reconsidered the holding of Skehan II, 538 F.2d 53, 62 (3d Cir.) (in banc), cert. denied, 429 U.S. 979, 97 S.Ct. 490, 50 L.Ed.2d 588 (1976), in light of the Supreme Court’s decisions in Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), and Fitzpatrick v. Bitzer, 427 U.S. 445, 96 S.Ct. 2666, 49 L.Ed.2d 614 (1976), and concluded that those decisions did not affect its prior determination that the eleventh amendment bars an award of back pay. See Quern v. Jordan, 440 U.S. 332, 338, 99 S.Ct. 1139, 1143, 59 L.Ed.2d 358 (1979) (citing Skehan III). Unless the state has waived its immunity, a back pay award, regardless of how it is described, is barred by the eleventh amendment because it is “measured in terms of a monetary loss resulting from a past breach of a legal duty on the part of the defendant state officials.” Edelman v. Jordan, 415 U.S. 651, 668, 94 S.Ct. 1347, 1358, 39 L.Ed.2d 662 (1974). See Nevels v. Hanlon, 656 F.2d 372, 377-378 (8th Cir. 1981). Although Title VII overrides the states’ eleventh amendment immunity, Fitzpatrick v. Bitzer, section 1983 does not, Quern v. Jordan, 440 U.S. at 338-45, 99 S.Ct. at 1143-47; Skehan III, 590 F.2d at 490-91. See generally Spicer, 618 F.2d at 235-39.
The eleventh amendment does not bar an action for damages against an official sued in his individual capacity, however. Id. We conclude that the complaint here, though far from a model of legal draftsmanship, alleges a claim against the officials in their individual and official capacities. The defendant officials, of course, may on remand assert official immunity as an affirmative defense to the plaintiff’s claim for monetary relief, see Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 1923, 64 L.Ed.2d 572 (1980), but these claims must be directed initially to the district court. We note that appellee Peterson’s motion to dismiss contends that “as a member of the Pennsylvania House of Repre
III.
The judgments of the district court appealed at nos. 81-1453 and 81-2539 will be reversed and the causes remanded for further proceedings.
Costs taxed against the appellees.
. The appeals of Laskaris and Skapura were consolidated for decision on joint motion of the parties. Although we discuss only the facts pertaining to appellant Laskaris, the basis for the district court’s decision and the essential facts in both appeals are identical.
. We presume that the motions were filed under Fed.R.Civ.P. 12(b), although the state executive branch defendants did not refer to a federal rule of civil procedure. See motion filed June 23, 1981, reprinted in app., at 8-15. The legislator-defendant relied on Rule 12(b) and (e) in his motion. App. at 6-7.
. For the purpose of this appeal we have assumed that the appellant has alleged a deprivation of his first amendment rights. Although he made a reference to termination of employment, complaint U 8, reprinted in app. at 4, the specific constitutional infirmities alleged were limited to deprivation “of due process and ■ equal protection guaranteed to him under the constitutions and laws of the United States and of the Commonwealth of Pennsylvania.” Id. 11 9, app. at 4. Because the defendants have not raised the issue, we are proceeding on the assumption that the Eirod-Branti issue was properly before the district court.
. See Branti v. Finkel, 445 U.S. 507, 521-34, 100 S.Ct. 1287, 1296-1303, 63 L.Ed.2d 574 (1980) (Powell, J., dissenting); Elrod v. Burns, 427 U.S. 347, 376-89, 96 S.Ct. 2673, 2691-97, 49 L.Ed.2d 547 (1976) (Powell, J., dissenting); Marino v. Bowers, 657 F.2d 1363, 1366-1370 (3d Cir. 1981) (in banc); Loughney v. Hickey, 635 F.2d 1063, 1065-71 (3d Cir. 1980) (Aldisert, J., concurring).
Reference
- Full Case Name
- Peter J. LASKARIS, in No. 81-1453 v. Richard THORNBURGH, Governor of the Commonwealth of Pennsylvania, Thomas Larson, Secretary of the Pennsylvania Dept. of Transportation, Dennis Hilton and Representative John Peterson Michael SKAPURA, in No. 81-2539 v. Richard THORNBURGH, Governor of the Commonwealth of Pennsylvania, Thomas Larson, Secretary of the Pennsylvania Department of Transportation, John Harhigh, Director of Bureau of Personnel, James I. Scheiner, Deputy Secretary for Administration of the Pennsylvania Department of Transportation, all in both their official and individual capacities
- Cited By
- 226 cases
- Status
- Published