Johnson v. SAIF Corp.

Plaintiff initiated this action under 42 USC section 1983 against defendants SAIF Corporation and its president and chief executive officer, alleging that defendants deprived him of his right to due process under the Fourteenth Amendment to the United States Constitution by terminating his permanent total disability workers’ compensation benefits without a pretermination hearing. Defendants sought, and the trial court granted, summary judgment on the ground that SAIF is not a “person” subject to liability under section 1983.

Plaintiff appealed, arguing that SAIF indeed is a “person” within the…