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SMITH v. DEP'T. OF PUBLIC HEALTH

Docket Nos. 71016, 76838, (Calendar Nos. 15-16).

428 Mich. 540 (1987)

410 N.W.2d 749

SMITH v. DEPARTMENT OF PUBLIC HEALTH WILL v. DEPARTMENT OF CIVIL SERVICE

Supreme Court of Michigan.

Decided August 7, 1987.

Attorney(s) appearing for the Case

Walz, Jordan & Stanton, P.C., and John A. Braden for plaintiff Smith.

Lick, Emery, DeVine & Mallory, P.C. (by Lawrence J. Emery), for plaintiff Will.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and George L. McCargar and Thomas R. Wheeker, Assistant Attorneys General, for defendants in Smith, and George H. Weller, Assistant Attorney General, for defendants in Will.

Amicus Curiae:

William Burnham for the American Civil Liberties Union Fund of Michigan.

Decided August 7, 1987. Rehearings denied 429 Mich. 1207.

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" exception to governmental...

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