Anthony Della Grotta v. State of Rhode Island
Court of Appeals for the First Circuit
1Opinion of the Court
LEVIN H. CAMPBELL, Chief Judge.
The State of Rhode Island appeals from a jury verdict in the United States District Court for the District of Rhode Island awarding plaintiff Anthony Della Grotta $14,000 against the State for alleged deprivation of his civil rights. We hold that the State has waived its eleventh amendment immunity and is otherwise a suable “person” within 42 U.S.C. § 1983. Because there was lacking any evidence that any deprivation of Della Grotta’s civil rights was caused by a “policy or custom” of the State, however, we also hold that the district court should have allowed…
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