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Will v. Michigan Department of State Police

491 U.S. 58, 109 S. Ct. 2304, 105 L. Ed. 2d 45 (1989)

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Will v. Michigan Department of State Police

United States Supreme Court
491 U.S. 58, 109 S. Ct. 2304, 105 L. Ed. 2d 45 (1989)

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Facts

Ray Will (plaintiff) applied for a promotion to a data-systems-analyst position with the Michigan Department of State Police (department) (defendant) and was denied. Will alleged that the department had violated his constitutional rights by denying his application due to his brother’s activities as a student activist. Will filed suit in Michigan state court against the department and the director of state police (director) (defendant), in his official capacity, pursuant to 42 U.S.C. § 1983. The trial court, the appellate court, and the Michigan Supreme Court all found that, although Will’s constitutional rights had been violated, neither the department nor the director could be held liable pursuant to § 1983 because neither were persons within the meaning of the statute. The United States Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (White, J.)

Dissent (Brennan, J.)

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