# Hampton v. State of Michigan

> Michigan Court of Appeals · August 19, 1985 · 144 Mich. App. 794

URL: https://www.frixlaw.com/law-library/cases/9849118

## Case

- **Full name:** Hampton v. State of Michigan
- **Court:** Michigan Court of Appeals
- **Decided:** August 19, 1985
- **Citations:** 144 Mich. App. 794; 377 N.W.2d 920
- **Precedential status:** Published
- **Opinion:** Concurring in part by Gillis
- **Judges:** Gillis, Kelly, Sanborn
- **Cited by:** 4 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/9849118

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9849118. Public record. Not legal advice.