South Macomb Disposal Authority v. Township of Washington

CONTIE, Circuit Judge.

South Macomb Disposal Authority (SMDA) appeals from the district court’s dismissal of its complaint. The district court held that SMDA, a municipal corporation, was not a “person” under 42 U.S.C. § 1983 for the purposes of instituting an action. We affirm the district court’s dismissal of the appellant’s complaint on the ground that SMDA had failed to state a cause of action under section 1983.

I

For purpose of review, we will assume the allegations in the complaint are true. *501Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974); Lee v. Western Reserve…