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Information for "Section 1983 Litigation/State Liability: The Eleventh Amendment"
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| Display title | Section 1983 Litigation/State Liability: The Eleventh Amendment |
| Default sort key | Section 1983 Litigation/State Liability: The Eleventh Amendment |
| Page length (in bytes) | 18,281 |
| Page ID | 21073 |
| Page content language | en - English |
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| Page creator | Lost Student (talk | contribs) |
| Date of page creation | 23:29, June 27, 2020 |
| Latest editor | DeRien (talk | contribs) |
| Date of latest edit | 15:56, December 15, 2022 |
| Total number of edits | 4 |
| Total number of distinct authors | 2 |
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This attribute controls the content of the description and og:description elements. | When a § 1983 (42 U.S. Code § 1983) claim is asserted against a state, state agency, or state official, the defendant may assert two separate yet closely related defenses, namely, that the defendant is not a suable “person” under § 1983; and that the defendant is shielded from liability by Eleventh Amendment sovereign immunity. In Will v. Michigan Department of State Police,[1] the Supreme Court ruled that a state, a state agency, and a state official sued in her official capacity for monetary relief are not suable § 1983 “persons.” However, the Court in Will ruled that a state official sued in an official capacity is a suable person when sued for prospective relief.[2] Further, in Hafer v. Melo,[3] the Court held that a state official sued for damages in her personal capacity is a “suable” § 1983 person. |
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