Darlak v. Bobear

In Darlak v. Bobear, 814 F.2d 1055, 1061 (5th Cir. 1987), a physician who was suspended from a state hospital sued state officials under Section 1983, and requested that the hospital rescind his suspension. The court held that plaintiff's claim was one for prospective injunctive relief, and was therefore not barred by the Eleventh Amendment. Id. at 1061. See also M. Schwartz & J. Kirklin, Section 1983 Litigation: Claims, Defenses and Fees—1989 Cumulative Supplement No. 1 § 6.5 (1989) (numerous cases cited, holding that reinstatement of public employees is prospective rather than retroactive relief).