Garcia v. State

OPINION

CONTRERAS, Judge.

This is an appeal from the trial court’s order dismissing Count II of appellant’s complaint in favor of appellee (State of Arizona). Count II was a claim for violation of civil rights brought pursuant to 42 U.S.C. § 1983.1 Section 1983 authorizes the maintenance of a legal action against every “person” who, under color of law, deprives another of any rights, privileges, or immunities secured by the Constitution and federal laws. In its motion to dismiss, the state argued that it could not be sued under 42 U.S.C. § 1983 because it is not a “person” within the meaning of…