Opinion

Will v. Department of Civil Service

  • 145 Mich. App. 214
  • 377 N.W.2d 826
Court
Michigan Court of Appeals
Filed
Jul 9, 1985
Status
Published
Author
Gribbs
On the bench
Danhof, Gribbs, Shuster
Cited by
10 cases
Authority
More cited than 12.8%

The opinion

Gribbs, J.

(concurring). I concur with the majority opinion remanding for inquiry as to the possibility that defendant Director of State Police might be immune from the § 1983 action for dam *228 ages and the majority’s holding regarding the propriety of damages against defendant director.

I also concur in the majority’s holding that the judgment against the Department of State Police be vacated, but on different grounds. I would not reach the question of whether or not the state is a "person” under § 1983, but hold that whether or not the state is a "person” this action against the state is precluded on the grounds of sovereign immunity. Karchefske v Dep’t of Mental Health, 143 Mich App 1 ; 371 NW2d 876 (1985).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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