# De Sanchez v. Genoves-Andrews

> Michigan Court of Appeals · July 7, 1987 · 161 Mich. App. 245

URL: https://www.frixlaw.com/law-library/cases/9583365

## Case

- **Full name:** De SANCHEZ v. GENOVES-ANDREWS; De SANCHEZ v. DEPARTMENT OF MENTAL HEALTH
- **Court:** Michigan Court of Appeals
- **Decided:** July 7, 1987
- **Citations:** 161 Mich. App. 245; 410 N.W.2d 803
- **Precedential status:** Published
- **Opinion:** Concurrence by Payant
- **Judges:** Burns, Holbrook, Payant
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9583365

## Opinion text

J. D. Payant, J.
(concurring). I concur with Judge Holbrook’s opinion in all respects except as to the language relative to the claim by plaintiffs against the State of Michigan under 42 USC 1983. I do not believe the United States Congress ever intended that a state be considered a "person” under 42 USC 1983. The rationale of Hampton v Michigan, 144 Mich App 794 ; 377 NW2d 920 (1985), and v Dep’t of Civil Service, 145 Mich App 214, 223 ; 377 NW2d 826 (1985), should be followed. Plaintiffs’ claim still must fail because the state enjoys sovereign immunity, which was an established common-law doctrine at the time of the enactment of 42 USC 1983 and was not abrogated by it.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9583365. Public record. Not legal advice.