Suing states for civil rights
Gardner v. Washington
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.

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
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Brief added: Petition
More questions
- 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.