Smith v. Department of Public Health

Supreme Court of Michigan · Decided 1987-08-07

Cited by 204 later decision(s) in our corpus · see the citation network in Lexace

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*544 Memorandum 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” excepti…

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