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Suing states for civil rights

Gardner v. Washington

Updated Nov 12, 2026

In brief

Where it stands
Dismissed

Petition denied.

What it’s about
Penny Gardner’s case asked whether Washington can count as a “person” under a federal civil-rights law when state law says it can, and whether a plaintiff may rely on that state law.
Who it affects
Gardner received no Supreme Court review, and the legal question she raised was not decided in this proceeding.

Summary: written with AI from the case record.

Illustration for Penny Gardner, Petitioner v. Washington, Acting Through and dba the Washington Health Care Authority
Conceptual illustration · AI-generated

What it's about

The Supreme Court refused to review Gardner’s case (denied her petition), so it did not decide those questions.

The dispute concerned whether Washington could rely on its own law to be treated as a “person” under 42 U.S.C. § 1983.

Question presented

Whether a State can be a 42 U.S.C. §1983 “person” when its own law so provides, and whether a plaintiff may rely on that state law?

Documents

1

Docket activity

6
  • New analysis added

    Nov 12, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 12, 2026 · Generated

  • AI analysis generated: Decision Record

    Nov 12, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

Show 1 more
  • Brief added: Petition

    Aug 31, 2026 · Court records

More questions

1
Did the Supreme Court rule for Washington?
No; the Court refused review without deciding the legal question or endorsing either side.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 12, 2026Methodology

Court records and filings

Reporting and analysis