Will v. Michigan Department of State Police
- Decided
- June 15, 1989
- Docket
- 87-1207
- Status
- Published
- Jurisdiction
- Federal
Cited 14,197 timesNo negative treatment found in this library
What later courts said
- holding that states and state officials acting in their official capacities are not "persons" subject to section 1983 liability — (untitled) (1994)
- holding that Congress in passing the civil rights act did not intend to override well-established common law immunities and defenses — Frank Genty v. Resolution Trust Corporation (1991)
- holding that suits for monetary damages against state officials in their official capacity are precluded by the Eleventh Amendment — Sean Michael Flaim v. Medical College of Ohio (2005)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
[*60] Justice White delivered the opinion of the Court.
This case presents the question whether a State, or an official of the State while acting in his or her official capacity, is a “person” within the meaning of Rev. Stat. § 1979, 42 U. S. C. § 1983.
Petitioner Ray Will filed suit in Michigan Circuit Court alleging various violations of the United States and Michigan Constitutions as grounds for a claim under §1983.[1] He alleged that he had been denied a promotion to a data systems analyst position with the Department of State Police for an improper reason, that is, because his brother had been a student activist and the subject of a “red squad” file maintained by respondent. Named as defendants were the Department of State Police and the Director of State Police in his official capacity, also a respondent here.[2]
Statutes cited
Cite this
Will v. Michigan Department of State Police, 491 U.S. 58 (1989)Read the full opinion
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