Smith v. Department of Public Health

*544Memorandum Opinion. These consolidated cases require us to decide the following questions: (1) whether the state is a "person” for purposes of a damage suit under 42 USC 1983; (2) whether a state official, sued in an official capacity, is a "person” for purposes of a damage suit under 42 USC 1983; (3) whether there is an "intentional tort” exception to governmental immunity; and (4) whether a plaintiff may sue the state for damages for violations of the Michigan Constitution.

A majority of the Justices are of the opinion that:

1) The state is not a "person” for purposes of a damage suit under §…