Patrick O'ShaughneSSy v. Clarence Bissell

Appellant commenced the action below in propria persona, grounding jurisdiction on diversity of citizenship. He complained that appellee, an employee of the State of Michigan, while transporting him from a mental hospital of the State of Michigan to a hospital of the State of California handcuffed him at all times, except when he was riding in a plane.

The appellee moved to dismiss on various grounds, and an order was made dis missing the complaint upon the following grounds:

(1) Lack of jurisdiction under the 11th Amendment of the Constitution of the United States because the State of Michigan was a real party in interest in the cause;

(2) Lack of jurisdiction based on the sovereign immunity of the State of Michigan, the real party in interest;

(3) Failure to state a claim upon which relief could be granted.

The State of Michigan, through its Attorney General, appeared to defend the appellee and attached to its answer copies of various documents from the State of Michigan from which a brief history of the case can be ascertained. It appears that petitioner, while serving in the United States Marine Corps, was involved in an automobile accident, as a result of which he had…