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COAKLEY v. WELCH

No. 88-2905.

877 F.2d 304 (1989)

Samuel COAKLEY, Plaintiff-Appellee, v. W. Don WELCH, Executive Director, South Carolina State Ports Authority and; Henry Tecklenburg, Jr.; H. Don McElveen; Robert V. Royall, Jr.; James B. Moore; Joseph P. Griffith; Harry A. Chapman, members of the Board of the South Carolina State Ports Authority, Defendants-Appellants, and South Carolina Ports Authority; Thomas F. Hartnett, member of the Board of the South Carolina Ports Authority; Theodore Guerard, member of the Board of the South Carolina State Ports Authority; Ernest L. Willis, member of the Board of the South Carolina State Ports Authority, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided June 9, 1989.

Attorney(s) appearing for the Case

James Bernard Spears, Jr. (Haynsworth, Baldwin, Miles, Johnson, Greaves and Edwards, Greenville, S.C., William H. Vaughan, Jr., Vaughan, Robson & Lawrence, Charleston, S.C., on brief), defendants-appellants.

Armand Georges Derfner, Charleston, S.C., for plaintiff-appellee.

Before ERVIN, Chief Judge, CHAPMAN, Circuit Judge, and WILLIAMS, United States District Judge for the Eastern District of Virginia, sitting by designation.

ERVIN, Chief Judge:

The issue in this appeal is whether the district court correctly refused to dismiss several officials of the South Carolina State Ports Authority ("SPA") from a suit brought by Samuel Coakley, a terminated SPA employee. The court concluded that the officials did not enjoy eleventh amendment immunity from an action for injunctive relief. The court also refused to conclude that the officials had no part...

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