Case law · Highest court · Federal

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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