LOCATION:Oregon Department of Human Resources
DOCKET NO.: 88-1281
DECIDED BY: Rehnquist Court (1988-1990)
LOWER COURT: United States Court of Appeals for the Ninth Circuit
CITATION: 495 US 182 (1990)
ARGUED: Jan 08, 1990
DECIDED: Apr 24, 1990
James A. Feldman – on behalf of the United States as amicus curiae, supporting the Respondents
John Patrick Mason – on behalf of the Respondents
Jeffrey R. Siegel – on behalf of the Petitioners
Media for Ngiraingas v. Sanchez
Audio Transcription for Opinion Announcement – April 24, 1990 in Ngiraingas v. Sanchez
William H. Rehnquist:
The opinion of the Court in No. 88-1281, Ngiraingas against Sanchez will be announced by Justice Blackmun.
Harry A. Blackmun:
This case also comes to us from the Ninth Circuit.
The issue is whether the territory of Guam and its officials are subject to suit under a statute known as 42 U.S.C. Section 1983.
The District Court dismissed claims asserted under that statute, and the Ninth Circuit affirmed.
In an opinion filed with the Clerk today, we also affirm, and we hold that “neither the territory nor any of its officers acting in their official capacities is a person” under the statute.
Justice Scalia joins the opinion except for part 2B; Justice Brennan has filed a dissenting opinion and is joined therein by Justice Marshall.
Justice Kennedy took no part in the consideration or decision of this case.