Will v. Michigan Department of State Police

What Happened

Ray Will was a Michigan state police officer who was denied a promotion. He sued the Michigan Department of State Police and the Director of State Police in both individual and official capacity, alleging the denial violated his constitutional rights under § 1983.

The Michigan Supreme Court held that § 1983 did not authorize suits against states. Will appealed to the U.S. Supreme Court.

What the Court Decided

In a 5-4 decision by Justice White, the Supreme Court affirmed. The Court held that states are not “persons” within the meaning of § 1983 and therefore cannot be sued under the statute. The Court also held that state officials acting in their official capacity are not “persons” for purposes of § 1983 damages actions, because an official-capacity suit is simply another way of suing the state itself.

The reasoning rested on two pillars:

1. Statutory interpretation: Congress enacted § 1983 pursuant to the Fourteenth Amendment, which targets state action. But when it said “every person” could be sued, it did not mean states — because the general rule of statutory construction is that “person” does not include the sovereign unless the statute expressly says so. Nothing in § 1983’s text or legislative history indicated Congress intended to override state sovereign immunity.

2. Eleventh Amendment: A damages suit against a state official in their official capacity is the “functional equivalent of a suit against the State itself” (citing Kentucky v. Graham). Because the state is not a “person” under § 1983, its officials acting in official capacity are not either.

Critical caveat: The Court expressly left open that state officials can be sued in their individual capacity under § 1983, and that official-capacity suits for injunctive relief remain viable under Ex parte Young.

What It Means in Practice

Will creates a fundamental boundary in § 1983 litigation:

For § 1983 plaintiffs, the practical implications are stark:

• Never sue a state or state agency for damages under § 1983 — it will be dismissed
• State officials (troopers, state prison guards, university police) can only be sued for damages in their individual capacity
• Official-capacity injunctive relief (like “stop doing this”) is still available against state officials under Ex parte Young
• Municipalities and local officials are not affected — cities, counties, and sheriffs’ offices remain suable under Monell

How You Can Use It

• Know the boundary: If your claim involves state actors (state troopers, state agency employees, state university officials), sue them in their individual capacity for damages and in their official capacity only for injunctive relief.
• Distinguish local from state: Sheriffs, police departments, and city officers are local officials suable under Monell. State highway patrol, state prison guards, and state agency employees fall under Will.
• Template: “Plaintiff sues [State Official] in [his/her] individual capacity for money damages under 42 U.S.C. § 1983. Plaintiff does not seek damages from the State of [State] or from [Official] in [his/her] official capacity, consistent with Will v. Michigan Dep’t of State Police, 491 U.S. 58 (1989).”
• Injunctive relief: If you need the state to change a policy, sue a state official in official capacity for prospective injunctive relief under Ex parte Young, 209 U.S. 123 (1908).

How It Can Be Used Against You

• Dismissal of state defendants: If you name a state or state agency as a defendant for damages, the claim will be dismissed outright. The same applies to state officials sued in their official capacity for damages.
• “Official capacity by default”: Some courts construe ambiguous complaints as official-capacity suits, which would be barred against state actors. The defense will argue your complaint fails to specify individual capacity.
• No respondeat superior against the state: Even if a state employee violated your rights, the state is not liable. There is no Monell-style liability for states.

How to counter: Be explicit in your complaint. State “individual capacity” clearly for every state official you name. If you need injunctive relief against a state, use Ex parte Young and name the specific official responsible for enforcement. For damages, focus on the individual officer and any municipal defendants.