AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Governmental Liability: State Government
Neither
state nor state employees in official capacities are "persons"
within meaning of Sec 1983; cannot be sued for civil rights violations
in state or federal court Will v. Michigan Dept of State Police, 109 S.Ct.
2304 (1989).
Mississippi and Ohio join vast majority of
states and abolish sovereign immunity Pruett v. City of Rosedale, 421 So.2d
1046 (Miss 1982). and Havernlack v. Portage Homes, Inc, 442, N.E.2d 749
(Ohio 1982).
Prisoner challenges his civil rights were
violated when trooper transported him from Delaware to Pennsylvania without
written consent and without waiver of his right to contest extradition
United States v. Pennsylvania State Police, 548 F.Supp. 9 (E.D. Pa 1982).
State troopers granted immunity with regard
to traffic accident Young v. Robin, 329 N.W.2d 430 (Mich.App. 1982).
State's waiver of sovereign immunity for
suits brought in state court does not mean that the state can be held liable
in federal court Irwin v. Com'r of Dept of Youth Services, 448 N.E.2d 721
(Mass 1983).
State could be liable for discharged mental
patient's killings Whalen v. State, 679 P.2d 248 (Nev 1984).
Concealed income from tax return properly
considered in damage award Pellegrino v. State, 490 N.Y.S.2d 719 (Ct Cl
1985).
" See also: Firearms
Related: Intentional Use; Negligence: To Traveling
Public; Vehicle Related; Search
and Seizure: House/Business