State Sovereign Immunity in Federal Court

Question 1

Immunity Exceptions

Answer 1

1.Consent

2. Ex Parte Young Exception
3. Suit brought by US or another state

4.Abrogation (waive state immunity)

-Example: congress abrogated state’s immunity for purposes of attorneys fees against state for civil rights violation

5. Structural Waivers under plan of the convention

-Fed gov can sue state

-State vs another state

Question 2

Hans v. Louisiana

Answer 2

A state may not be sued in federal court by one of its own citizens even if the cause of action arises under federal law. (11th amendment)

Facts

Hans (plaintiff) was a citizen of the state of Louisiana (defendant). He brought suit against the state in the Circuit Court of the United States for interest accrued on bonds issued by the state. He alleged the state’s failure to pay the bonds violated Contract Clause which said: “No State shall . . . pass any . . . Law impairing the Obligation of Contracts.” The attorney general of Louisiana filed an exception to the action on the basis that a State could not be sued without its permission. Circuit court sustained exception and dismissed the suit. He says he is suing under federal question and he is not a citizen from another state reading from constitution text

Issue

May a state be sued in federal court by one of its own citizens if the cause of action arises under federal law?

Holding and Reasoning (Bradley, J.)

No. The Eleventh Amendment to the United States Constitution prohibits a state from being sued by its own citizens, or citizens of another state or foreign country.

The Eleventh Amendment was enacted to correct the holding of the early United States Supreme Court case of Chisholm v. Georgia, 2 Dall. 419, which held that a state could be sued by a citizen of another state. The court in Chisholm concluded that such suits were permitted under the language of the United States Constitution and the Judiciary Act of 1789.

The dissent by Justice Iredell in Chisholm rationally concluded that it was not the intent of Congress to now permit suits by individuals against a state when none had ever been approved. In this case, however, Hans properly argues that the amendment does not expressly bar suits against a state by its own citizens.

Reviewing Alexander Hamilton, in the eighty-first paper of The Federalist, said that it is inherent that the sovereignty cannot be sued by an individual without its consent. Even contracts with the state do not confer a right of action against the state.

Marshall and Madison argued that federal jurisdiction over disputes between states and citizens of other states was meant to allow states to bring suits against individuals in federal court, not to force states into court. This ensured fair treatment for citizens and allowed federal courts to handle cases if a state chose to participate.

These things weren’t contemplated when the constitution was written. Judgement affirmed.

Question 3

Ex Parte Young

Answer 3

Reach of 11th amendment

Rule of Law

Private actions may be brought in federal court against state officials for unconstitutional actions, even though states have sovereign immunity.

To get around: must charge state official specifically not the state

Cannot sue arms of the state= “governor” but can sue “Greg Abbott”