context: The crucial question is whether the 1968 Act was either intended to render, or had the effect of rendering the National Guard more federal in character to the point where technician supervisory personnel and the adjutant general can no longer be considered as acting under color of state law when participating in personnel decisions resulting in the discharge of ANG technicians. This question has been considered by the Fifth and Sixth Circuits, both of which have held that the 1968 Act was not designed to federalize the National Guard, and that Guard officials may be sued under section 1983.
citation_a.signal: see also
citation_a.parenthetical: following Lasher after explicitly finding that the 1968 Act did not federalize the Guard
citation_a.sentence: See also Schultz v. Wellman, 717 F.2d 301 (6th Cir.1983) (following Rowe); Bollen v. National Guard Bureau, 449 F.Supp. 343, 349 (W.D.Pa.1978) (following Lasher without discussing the 1968 Act); Syrek v. Pennsylvania Air National Guard, 371 F.Supp. 1349 (W.D.Pa.1974) (following Lasher after explicitly finding that the 1968 Act did not federalize the Guard), rev ’d on other grounds, 537 F.2d 66 (3d Cir.1976); contra Vargas v. Char don, 405 F.Supp. 1348, 1351 (D.P.R.1975) (holding adjutant general not liable under section 1983 without discussing the 1968 Act).
citation_b.signal: contra
citation_b.identifier: 405 F.Supp. 1348, 1351
citation_b.parenthetical: holding adjutant general not liable under section 1983 without discussing the 1968 Act
citation_b.sentence: See also Schultz v. Wellman, 717 F.2d 301 (6th Cir.1983) (following Rowe); Bollen v. National Guard Bureau, 449 F.Supp. 343, 349 (W.D.Pa.1978) (following Lasher without discussing the 1968 Act); Syrek v. Pennsylvania Air National Guard, 371 F.Supp. 1349 (W.D.Pa.1974) (following Lasher after explicitly finding that the 1968 Act did not federalize the Guard), rev ’d on other grounds, 537 F.2d 66 (3d Cir.1976); contra Vargas v. Char don, 405 F.Supp. 1348, 1351 (D.P.R.1975) (holding adjutant general not liable under section 1983 without discussing the 1968 Act).