Mawson v. Mississippi State Department of Health
3:11-cv-00643
S.D. Miss.Dec 7, 2012Background
- Mawson, an epidemiologist, formerly employed by UMMC, filed suit against MSDH in state court on August 11, 2011.
- The complaint alleges a First Amendment retaliation claim after Mawson testified to the Mississippi Legislature in January 2009 advocating vaccination safety studies.
- The complaint also asserts a state-law tortious interference claim and seeks compensatory and punitive damages.
- MSDH removed the action to this court under federal question jurisdiction (28 U.S.C. § 1331) and moved for summary judgment under Rule 56.
- Plaintiff concedes no § 1983 claim against MSDH and argues for a direct constitutional action against the State due to the death of Dr. Thompson; the court rejects this and grants MSDH’s motion.
- The court grants defendant’s motion to dismiss, concluding no direct constitutional action against a state actor is viable and MSDH is not a “person” under § 1983.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can Mawson assert a federal constitutional claim against MSDH without § 1983 | Mawson argues for a direct constitutional action against the State due to Dr. Thompson’s death | MSDH contends no direct constitutional action exists against a state agency or the State itself under § 1983 | No direct constitutional action; § 1983 provides the remedy against state actors; MSDH granted summary judgment |
| Whether a direct constitutional action against the State is permissible when the defendant is a state agency | Plaintiff asserts implied direct action under the Constitution against the State | State agencies are not “persons” and cannot be sued for damages under the Constitution | Not permissible; no direct constitutional action against the State; motion granted |
Key Cases Cited
- Hearth Admins., Corp v. Dep't of Pub. Welfare, 617 F.2d 381 (5th Cir. 1980) (recognizes limited avenues for constitutional claims against state actors; § 1983 preferred remedy)
- Will v. Michigan State Dep't of Police, 491 U.S. 58 (U.S. 1989) (state and其 agencies are not “persons” for § 1983 damages actions)
- Cronen v. Texas Dept. of Human Servs., 977 F.2d 934 (5th Cir. 1992) (state agency not a “person” under § 1983)