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         To 
		understand the significance of Will v. Michigan Department 
		of State Police, some background is helpful. The Eleventh 
		Amendment, as interpreted in Hans v. Louisiana, 
		generally divests federal courts of jurisdiction of suits against a 
		state, even if that suit is based on a federal statute.  Plaintiffs 
		seeking prospective relief (e.g., injunctions to prevent future 
		constitutional violations) can avoid this ban by suing the relevant 
		state office holders in their official capacities.  But this is no 
		help to someone who wants retroactive monetary relief such as damages. 
		
		 
		In 
		Fitzpatrick v. Bitzer and subsequent cases, the 
		Court recognized that Congress could abrogate a state's Eleventh 
		Amendment protection by exercising its powers under the Fourteenth 
		Amendment so long as it did so sufficiently explicitly.  But in 
		Quern v. Jordan, the Court held that
		
		§ 1983 was not 
		sufficiently explicit, thus closing the federal courts' doors § 1983 
		seeking damages from states. 
		Plaintiffs hoped that one 
		door remained open.  Since the Eleventh Amendment was a restriction 
		solely on federal court jurisdiction, it might 
		be possible to bring such suits in state courts—particularly 
		if the state had waived any sovereign immunity it had under state law.  
		The argument seemed plausible: the Eleventh Amendment posed no barrier 
		to state court jurisdiction.  Like local governmental bodies, 
		states were entities; and the Court had held that local governments were 
		suable "persons" within the meaning of 
		 
		§ 1983.  
		Therefore, the argument went, states (or their officials sued in their 
		official capacities) should also be considered "persons" 
		who could be sued  so long as the suit was filed in state court and 
		so long as the official policy requirements of Monell 
		were met.   
		In Will v. 
		Michigan Department of State Police, the Court 
		rejected this argument and closed the final door.  Although 
		Congress had the power to authorize 
		
		§ 1983 damage suits against states (at least in 
		state courts), the Court concluded that Congress had not exercised that 
		power.  As a result, such suits are now barred in both federal and 
		state courts.   
		  
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		 The 
		story of   Will v. Michigan 
		Department of State Police begins in the depths of the 
		McCarthy era.  In 1950, the Michigan legislature passed "Act 
		40" (click the thumbnail at right) which required the Michigan Department of State police to collect 
		information on groups and individuals seen as advocating subversive 
		activities.  The "Subversive Activities Investigation Division" 
		(generally know as the Michigan Red Squad) was authorized to maintain 
		files on perceived subversives and provide information about such 
		individuals to state agency personnel officers.  The Red Squad 
		squad used this authority for more than a quarter of a century to 
		compile files on political activists including members and leaders of 
		labor, civil rights and anti-war  groups.  In 1976, Michigan 
		courts declared Act 40 unconstitutional, ordered the state 
		police to shut down the Red Squad, and created a process for its targets 
		to obtain copies of their Red Squad files.   
		 
 Beginning in 1969, petitioner Ray Will worked for the state in various 
		positions and regularly moved up the bureaucratic ladder eventually 
		becoming an entry level supervisor.  In 1973, he sought another 
		promotion and applied for positions in a number of state agencies 
		including the State Police.  He was ranked number 2 on the 
		promotion register but was not given the position even though the 
		highest ranked candidate withdrew.  At that time, he did not 
		suspect why he lost the position. 
		 
		The petitioner Ray Will was not a political activist, was never 
		investigated by the Red Squad, and had no Red Squad file. His brother
		Charles, on the other hand, had been involved in anti-Vietnam 
		War protests while in college; and the Red Squad did maintain a file on 
		Charles.  After the Michigan courts ordered the release of the Red 
		Squad's files,  Ray Will learned that the Squad had torpedoed his 
		1973 promotion by giving his brother  Charles's file to the 
		hiring officials.    
		 
		Ray Will's situation appeared to be a paradigmatic case in which a 
		governmental entity would be liable under Monell: 
		his injury was the result of admittedly unconstitutional conduct that 
		was explicitly authorized by state statute.  The difficulty was 
		that the governmental body was not a city or school district but the 
		State of Michigan itself—a 
		defendant that could not be sued for damages in federal court.  
		(See Will's Legal Significance.)  
		As a result, Will sued for damages in state court.  After a long 
		and complex series of proceedings, the State Supreme Court held that 
		neither the State nor its officials sued in their official capacities 
		were persons within the meaning of § 1983, thus denying Will all 
		relief.  Will challenged this ruling in the Supreme Court, but the 
		Supreme Court affirmed. 
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