Golbert v. Smith

Plaintiffs filed a lawsuit against employees with the Illinois Department of Children and Family Services alleging that they were aware that children were being detained without cause in violation of their due process rights and failed to take necessary steps to ensure timely residential placements. The Seventh Circuit considered the question of whether defendants were named in their personal capacities or in their official capacities as the latter would result in the lawsuit being barred by the Eleventh Amendment. The Seventh Circuit held that the complaint asserted personal-capacity claims not subject to constitutional immunity and reversed a district court order to the contrary. (ST. EVE and PRYOR, concurring)