Does the state have any authority to settle and pay civil rights claims against the state or its employees?

MultiRegion, United States of America

The following excerpt is from McConnell v. Critchlow, 661 F.2d 116 (9th Cir. 1981):

1 Washington statutory provisions for settlement and payment of 1983 claims do not change this interpretation. Prior to 1975, these statutes dealt only with tort claims against the state. See Revised Code of Washington 4.92.140, 4.92.150 (1962). They were amended in 1975 to refer to tort or 1981 et seq. claims against the state or its employees. Wash.Rev.Code 4.92.140, 4.92.150 (West Supp. 1981). The addition of authority to settle and pay civil rights claims against the state and its employees need not indicate waiver of the state's own immunity from being sued in federal court. See Edelman v. Jordan, 415 U.S. 651, 673, 94 S.Ct. 1347, 1360, 39 L.Ed.2d 662 (1974) (implied waiver will be found only where statutes cannot be reasonably explained otherwise).

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