NCJ Number
127444
Journal
Criminal Law Bulletin Volume: 27 Issue: 1 Dated: (January-February 1991) Pages: 59-66
Date Published
1991
Length
8 pages
Annotation
Will v. Michigan Department of State Police is interpreted as it pertains to State officials being liable for damages under Section 1983 for acts that they have committed in their official capacities.
Abstract
The plaintiff in Will was an employee of the Michigan Department of State Police who alleged that his constitutional rights had been violated when he was improperly denied a promotion. The plaintiff sued for damages under Section 1983, naming as defendants the Department of State Police and the Director of State Police in his official capacity. The Supreme Court ultimately ruled that the plaintiff's suit could not proceed under Section 1983 against either of the defendants he had named. Both the factual context of Will and the precedents on which it was based indicate that its holding is limited to the viability of Section 1983 damages actions against States or State officials who are sued in their official capacities and that it holds no implications for Section 1983 actions against State officials in their personal capacities. Therefore, persons who have been deprived of their civil rights by State officials are free to sue those officials in their personal capacities for damages under Section 1983, even though the officials acted in their official capacities. 46 footnotes