Tribe, 517 U.S. at 76, 116 S.Ct. 1114. The Court held that while Congress intended to abrogate Eleventh Amendment immunity it was without the authority to do so. Seminole Tribe, 517 U.S. at 73, 116 S.Ct. 1114. b. 42 U.S.C. § 1983 Plaintiff contends all defendants individually and collectively, acting under the color of state law, deprived her of her property (gaming license) without due process of law and are thus liable under 42 U.S.C. § 1983. Plaintiffs § 1983 claim against the State and the KSGA may not go forward because a state or state agency is not a “person” for purposes of § 1983. See Will v. Michigan Dept. of State Police, 491 U.S. 58, 64, 71, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989); Reiger v. Kansas Pub. Employees Retirement Sys., 755 F.Supp. 360 (D.Kan.1990) (Saffels, J.)(<HOLDING>). Plaintiffs assertion that KSGA is considered
holding a state agency as an arm of the state cannot constitute a person under  1983 because it is a sovereign entity holding state university is not a person under  1983 holding kansas public employees retirement system is not as a state agency considered a person for purposes of  1983 liability holding that a state is not a person under 42 usc  1983 holding that a state is not a person within the meaning of  1983