Also known as: state officers · state official
Written by attorneys · grounded in primary & secondary sources — see below
A person holding an office of trust, authority, or command under a state government and authorized to exercise a specific function.
Select any source to read its text and confirm it supports the definition.
Spencer Silver, a ship operator, sued State A Port Authority Director Elena Vargas in federal court. He sought an order barring Vargas from enforcing a federal certification rule that required state officers to certify vessel compliance before departure. The court allowed the suit to proceed because Vargas was acting to enforce an allegedly unconstitutional federal directive.
Seth Shapiro, a candidate for state office, filed his required campaign finance reports with the federal commission but omitted the copy to the Secretary of State. The commission rejected the filing as incomplete because the statute required a duplicate submission to the appropriate state officer in the candidate's home state.
Skylar Sullivan, a homeowner, asked a state trial judge to enforce a racially restrictive covenant against a Black purchaser. The judge issued the injunction. The Supreme Court later held that the judge's order constituted state action by a state officer, violating the Fourteenth Amendment.
Steven Silva sued six federal narcotics agents after they conducted a warrantless search of his apartment. Although the suit targeted federal rather than state officers, the Court recognized an implied damages action directly under the Constitution for violations by officers acting under color of federal authority.
Scott Summers, a state probationer, refused to answer questions from a state officer about out-of-state gambling activities. The Supreme Court held that the Fifth Amendment privilege applied to state proceedings through the Fourteenth Amendment and protected Summers from compelled testimony by state officers.
Stephen Shaw sued the city after a state social services officer denied him benefits under an official policy that violated federal law. The Court held that the officer's actions pursuant to the municipal policy could subject the city to liability under section 1983 even though the officer was a state actor.
A plaintiff may sue a state officer in federal court for prospective injunctive or declaratory relief to stop ongoing violations of federal law. The officer is treated as stripped of state authority when acting unconstitutionally, allowing the suit to proceed despite the Eleventh Amendment.
Supporting sources
…Among the phrases appearing in the opinion are the following: “the operation of State laws, and the action of State officers executive or judicial”; “State laws and State proceedings”; “State law . . . or some State action through its officers or agents”; “State laws and acts done under State authority”; “State…