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SANTIAGO v. NYS DEPT. OF CORRECTIONAL SERVICES

No. 842, Docket 90-7020.

945 F.2d 25 (1991)

Rafael SANTIAGO, Plaintiff-Appellee, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES and Dr. Melvin J. Steinhart, Defendants, New York State Department Correctional Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 10, 1991.

Attorney(s) appearing for the Case

Lawrence S. Kahn, Deputy Sol. Gen., New York City (Robert Abrams, Atty. Gen., State of N.Y., Howard L. Zwickel, Ellen J. Fried, Marilyn T. Trautfield, of counsel) for defendant-appellant.

Michael H. Sussman, Goshen, N.Y., for plaintiff-appellee.

Before PIERCE, WINTER and WALKER, Circuit Judges.

WALKER, Circuit Judge:

This case presents the novel issue of whether an action for damages based on a state's past deprivations of Fourteenth Amendment guarantees may be brought directly against a state under Section 1 of the Fourteenth Amendment, despite the traditional bar of Eleventh Amendment state immunity. Although a statutory civil rights damage action against a state alleging past Fourteenth Amendment deprivations is barred by the Eleventh Amendment, the question...

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