De Sanchez v. Genoves-Andrews

I concur with Judge Holbrook’s opinion in all respects except as to the language relative to the claim by plaintiffs against the State of Michigan under 42 USC 1983. I do not believe the United States Congress ever intended that a state be considered a "person” under 42 USC 1983. The rationale of Hampton v Michigan, 144 Mich App 794; 377 NW2d 920 (1985), and v Dep’t of Civil Service, 145 Mich App 214, 223; 377 NW2d 826 (1985), should be followed. Plaintiffs’ claim still must fail because the state enjoys sovereign immunity, which was an established common-law doctrine at the time of the…