29, 2007) (Gottschall, J.); Report and Recommendation, No. 05 C 2572 (Aug. 3, 2007) (Keys, M.J.). 2 . Alexander asserts claims under both the Fifth and Fourteenth Amendments. The Fifth Amendment prohibits a deprivation of life, liberty, or property without due process of law by the federal government, but NEIU is a state agency. U.S. Const, amend. V. However, as a state agency, NEIU must comply with due process under the Fourteenth Amendment. Id. amend. XIV. 3 . They also argue, correctly, that NEIU is not a “person” for the purposes of § 1983. Consequently, Alexander may not assert a § 1983 claim against NEIU. See 30 Ill. Comp. Stat. 5/1-7 (including universities within the definition of "state agencies”); Kaimowitz v. Bd. of Trustees of Univ. of Ill., 951 F.2d 765, 767 (7th Cir.1991) (<HOLDING>); Alexander v. Northeastern Ill. Univ., No. 05
holding that a state is not a person under 42 usc  1983 holding that a police department is not a person within the meaning of section 1983 holding that a state is not a person within the meaning of  1983 holding that a state university is not a person within the meaning of  1983 and therefore is not subject to suits brought under  1983 holding state university is not a person under  1983