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�►ssociatioi�'s reporting requirements in detail and establishes the qualifications for state fire aid. The State Auditor had the authority to act as she did ��ith respect to granting state fire aid. As noted above, the dual pension issue is one of first impression. The State Auditor's decision was not unreasonable despite the fact this Cou��t has found it to be legally erroneous. Under the facts of this case, it cannot be said that the State Auditor's conduct was without justification and the tortious interference claim fails as a matter of law. Plaintiffs' � 1983 claim also fails as a matter of la�t'. 42 U.S.C. � 1983 provides: Every person who under color of any statute, ordinance, regulation, custom or usage, of any State or Territory or the District of Columbia, subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunity secured by the Constitution and la�vs, shall be liable to the pariy injured in an action at law, suit in equity, other proper proceeding for redress. States, state agencies and state officers acting in their official capacity are not "persons" amenable to suit under y 1953. Michi�at� v. Will, 491 U.S. j$, 71, 109 S.Ct. 2304, 2312, 105 L.Ed?d 45 (1989); Rico ��. State, 472 N.W.2d 100, 104 (vlinn. 1991). In this case, there is no dispute that Judi Dutcher was acting in her official capacity as State Auditor in all instances. Plaintiffs have failed to state a claim against any "persons" and their � 19g; claim fails. 1 : �