State Sovereign Immunity

Question 1

What Amendment of the constitution gives the states sovereign immunity?

Answer 1

The 11th amendment

Question 2

Regarding state sovereign immunity, what 2 things does the 11th amendment prohibit?

Answer 2

1) The citizens of a state or foreign country suing a state in federal court for money or equitable damages; and
2) Suits in federal court against state officials for violating state law (while acting in their capacity).

Question 3

What are the four exceptions to state sovereign immunity?

Answer 3

1) Consent: A state may consent to a lawsuit by waiving its first amendment protection.

2) Injunctive relief: A state official can be sued in their official capacity if the plaintiff seeks injunctive relief or a declaratory judgement.

3) Individual Damages: A plaintiff can sue a state official that is not acting in their official capacity for damages.

4) Congressional Authorization: Congress may abrogate state immunity from liability if it is clearly and expressly acting to enforce rights created by the 14th amendment.