AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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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


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