context: As an experiment, I directed one of my legal interns, a third-year law student, to conduct appropriate legal research in order to determine whether or not the challenged SS 1983 claims are valid. He needed only seventeen minutes to confirm what every responsible practioner in tMs field already knows: they are not.
citation_a.signal: cf.
citation_a.parenthetical: observing that plaintiffs had no federal jurisdiction under SS 1983 for their suit against federal agents
citation_a.sentence: See 42 U.S.C. § 1983 (“Every person who, under color of any statute ... of any State or Temtory or the District of Columbia, subjects ... any citizen ... or other person ... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured ....”) (emphasis added); Will v. Michigan Dept. of State Police, 491 U.S. 58, 64, 71,109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) (holding that state, and its officers sued in their official capacity for damages, are not “persons” suable under § 1983); id. at 70, 109 S.Ct. 2304 (holding that state immunity from suit extends to “governmental entities that are considered arms of the State”); cf. Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 398 n. 1, 91 S.Ct. 1999, 29 L.Ed.2d 619 (Harlan, J., concurring) (observing that plaintiffs had no federal jurisdiction under § 1983 for their suit against federal agents).
citation_b.signal: see
citation_b.parenthetical: holding that state, and its officers sued in their official capacity for damages, are not "persons" suable under SS 1983
citation_b.sentence: See 42 U.S.C. § 1983 (“Every person who, under color of any statute ... of any State or Temtory or the District of Columbia, subjects ... any citizen ... or other person ... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured ....”) (emphasis added); Will v. Michigan Dept. of State Police, 491 U.S. 58, 64, 71,109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) (holding that state, and its officers sued in their official capacity for damages, are not “persons” suable under § 1983); id. at 70, 109 S.Ct. 2304 (holding that state immunity from suit extends to “governmental entities that are considered arms of the State”); cf. Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 398 n. 1, 91 S.Ct. 1999, 29 L.Ed.2d 619 (Harlan, J., concurring) (observing that plaintiffs had no federal jurisdiction under § 1983 for their suit against federal agents).