• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Why aren't state agencies considered "persons" for Section 1983 claims?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? federal court

State agencies are not considered "persons" for the purposes of violations of 42 U.S.C. 1983. Why not? Why aren't they considered corporate persons?

If they can sue, why shouldn't they have the right to be sued, provided that you can get around sovereign immunity?

All the court decisions that I have read have provided no explanation, whatsoever, for why they hold this policy. None. None at all.

There has to be some reason.

Furthermore, is there a Supreme Court case that actually states this?
 


Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top