Eleventh Amendment

Question 1

When the Eleventh Amendment is at Issue

Answer 1

When there is a lawsuit against a state government or a state government officer (not applicable against local governments).

Question 2

Types of Cases Barred by the Eleventh Amendment

Answer 2

(1) Actions against state governments for damages;
(2) actions against state governments for injunctive or declaratory relief where the state is named as a party;
(3) actions against state government officers where the effect of the suit is that retroactive damages will be paid from the state treasury or where state land would be taken away; and
(4) actions against state government officers for violating state law.