Case Citator › Will v. Michigan Department of State Police

Will v. Michigan Department of State Police

Is it still good law? What later courts have actually done to this case.

Criticized by some courts
Court
Supreme Court of the United States
Citation
491 U.S. 58
Decided
Confirmed treatments
3
Flagged citations read
2,212 of 2,222
Citing cases (total)
13,981
Treatment dates
1991–1997

Status

Criticized by some courts
At least one reviewed court has criticized this case’s reasoning. No reviewed court has overruled it. Will v. Michigan Department of State Police has been criticized and limited: 2,212 of the 2,222 flagged citations were read; the text of the other 10 could not be retrieved, and the three confirmed treatments are listed below. Simon v. State Compensation Insurance Authority criticized Will's characterization of Colorado precedent.
More on how this was screened

Hilton v. South Carolina Public Railways Commission and Employers Association v. United Steelworkers of America declined to extend Will's reasoning beyond its governing context. The other reviewed opinions applied Will's state-personhood and official-capacity rules, invoked its express prospective-relief exception, reported Will's treatment of another authority, or used nearby adverse language for sovereign-immunity abrogation and unrelated precedent. Simmons v. California and Best v. District of Columbia applied boundaries stated in Will itself and therefore produce no entry.

The treatments below are confirmed; unread citations could still change the overall status.
Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case, except the ones whose text could not be retrieved.

13,981 later cases cite Will v. Michigan Department of State Police; 2,222 of those citations sat close to treatment language and were flagged for reading; 2,212 of them have been read, and the text of 10 citing opinions could not be retrieved, so those remain unread. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Will v. Michigan Department of State Police?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Criticized

  • The Supreme Court of Colorado criticized Will for mischaracterizing the court's earlier Uberoi decision as addressing the State's § 1983 status when Uberoi addressed only the University of Colorado.

    Simon v. State Compensation Insurance Authority · Supreme Court of Colorado · filed

    Will mischaracterized the holding in Uberoi because Uberoi addressed only the § 1983 status of the university, not the § 1983 status of the state.
    Read the full opinion on CourtListener →

Limited

  • The Supreme Court confined Will's clear-statement reasoning to its § 1983 statutory context and rejected extending it into a categorical rule that general liability language can never reach States.

    Hilton v. South Carolina Public Railways Commission · Supreme Court of the United States · filed

    We think the argument misconstrues the Will decision. Will did not import the entirety of our Eleventh Amendment jurisprudence into the area of statutory construction. It treated the Eleventh Amendment as a relevant consideration. 491 U. S., at 66-67; Hafer v. Melo, 502 U. S. 21, 30 (1991). The primary focus of Will was, as it should have been, on the language and history of § 1983.
    Read the full opinion on CourtListener →
  • The court declined to extend Will's anti-preemption reasoning into the federal labor-law context, holding that the specialized Machinists and Garmon doctrines governed NLRA preemption.

    Employers Association v. United Steelworkers of America · D. Minn. · filed

    At the outset, the Court declines to follow the non-labor law cases which disfavor implied federal preemption of state laws. See Wisconsin Public Intervenor v. Mortier, — U.S. —, —, 111 S.Ct. 2476, 2482, 115 L.Ed.2d 532 (1991); Gregory v. Ashcroft, — U.S. —, —, 111 S.Ct. 2395, 2401, 115 L.Ed.2d 410 (1991); Will v. Michigan Dept. of State Police, 491 U.S. 58, 65, 109 S.Ct. 2304, 2308, 105 L.Ed.2d 45 (1989). These cases are wholly inapposite .in the context of federal labor, law.
    Read the full opinion on CourtListener →

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