Will v. Michigan Dept. of State Police | |
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Argued 5 December, 1988 Decided 15 June, 1989 | |
Full case name | Ray Will v. Michigan Department of State Police, et al. |
Citations | 491 U.S. 58 (more) 109 S. Ct. 2304; 105 L. Ed. 2d 45; 1989 U.S. LEXIS 2975; 57 U.S.L.W. 4677; 49 Fair Empl. Prac. Cas. (BNA) 1664; 50 Empl. Prac. Dec. (CCH) ¶ 39,067 |
Holding | |
Neither States nor state officials acting in their official capacities are "persons" within the meaning of 42 U.S.C. § 1983 when being sued for monetary damages. | |
Court membership | |
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Case opinions | |
Majority | White, joined by Rehnquist, O'Connor, Scalia, Kennedy |
Dissent | Brennan, joined by Marshall, Blackmun, Stevens |
Dissent | Stevens |
Laws applied | |
U.S. Const. amend. XI, 42 U.S.C. § 1983 |
Will v. Michigan Dept. of State Police, 491 U.S. 58 (1989), was a case decided by the United States Supreme Court, in which the Court held that States and their officials acting in their official capacity are not persons when sued for monetary damages under the Civil Rights Act of 1871.[1]
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