Opinion

Hampton v. State of Michigan

  • 144 Mich. App. 794
  • 377 N.W.2d 920
Court
Michigan Court of Appeals
Filed
Aug 19, 1985
Status
Published
Author
Gillis
On the bench
Gillis, Kelly, Sanborn
Cited by
4 cases
Authority
More cited than 12.8%

"[I]t is our opinion based on Quern and decisions of other states that the term 'person’ in § 1983 was not intended to include states and state agencies”

How later courts described this case

  • "[I]t is our opinion based on Quern and decisions of other states that the term 'person’ in § 1983 was not intended to include states and state agencies”

Written by the judges who cited it.

The opinion

J. H. Gillis, P.J.

(concurring in part and dissenting in part). I disagree with the majority’s conclusion that the state is not a "person” for purposes of 42 USC 1983. Rather, I would adopt the reasoning advanced by Judge Wahls in Karchefske v Dep’t of Mental Health, 143 Mich App 1 ; 371 NW2d 876 (1985), on this point. However, because I agree that this action against the state is precluded on the grounds of governmental immunity, Ross v Consumers Power Co, 420 Mich 567 ; 363 NW2d 641 (1985), I concur in the reversal.

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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