The U.S. Supreme Court case Will v. Michigan Department of State Police et al., 1988, centered around the issue of whether a state or its officials acting in their official capacity could be sued under federal law (42 USC Section 1983). The plaintiff, John Will, had filed suit against the Michigan Department of State Police and its director for alleged violations of his constitutional rights. However, the court ruled that neither a state nor its officials acting in their official capacities are "persons" under Section 1983 when being sued for monetary damages. Therefore, they cannot be held liable under this statute. This decision was based on an interpretation that Congress did not intend to override traditional sovereign immunity laws when it enacted Section 1983.

In the dissenting opinion for Will v. Michigan Department of State Police, Justice Brennan argued that the majority's interpretation of the 11th Amendment was too broad and inconsistent with its historical context. He contended that Congress intended to allow suits against states under Section 1983 when it passed this law in response to state violations of civil rights during Reconstruction. Furthermore, he disagreed with the majority's assertion that a suit against a state official is essentially a suit against the state itself, arguing instead that officials can be held personally liable for their actions without implicating sovereign immunity protections for states. Finally, he expressed concern about how this decision could limit federal courts' ability to enforce constitutional rights and protect individuals from abuses by state governments or officials.