Will v. Michigan Department of State Police

Will v. Michigan Dept. of State Police
Argued 5 December, 1988
Decided 15 June, 1989
Full case nameRay Will v. Michigan Department of State Police, et al.
Citations491 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
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
Case opinions
MajorityWhite, joined by Rehnquist, O'Connor, Scalia, Kennedy
DissentBrennan, joined by Marshall, Blackmun, Stevens
DissentStevens
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]

  1. ^ Will v. Michigan Department of State Police, 491 U.S. 58 (1989).

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