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).