Judicial power: state sovereign immunity

Question 1

Damages suits

Answer 1

A plaintiff may not sue a state for money damages—neither in state nor federal court—unless:

(1) The state consents; or
(2) The U.S. Congress abrogates state sovereign immunity pursuant to the Fourteenth Amendment enforcement power.

Question 2

Scope of the Eleventh Amendment

Answer 2

State sovereign immunity extends to states and state agencies but not to local governments, e.g., cities, counties, or towns.

Question 3

Federal abrogation of state sovereign immunity

Answer 3

Congress can override state sovereign immunity when enforcing individual rights.

It can fore states to pay money damages for violating individual rights, but it must say so expressly. Any lack of clarity will preclude damages.

Question 4

State officer suits

Answer 4

(1) For injunctive relief:

It can always be sought by suing to enjoin the appropriate state officer, e.g., the state attorney general;

(2) For money damages:

They are available only from the officer in her personal capacity for some sort of constitutional tort.

Question 5

Violations of state law

Answer 5

The Eleventh Amendment prohibits an action in federal court by a citizen of one state against another state when the basis for the action is the violation of state law.