The 11th Amendment to the U.S. Constitution states:
"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against or of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."
Essentially, citizens of a foreign government, or citizens of one particular state within the United states, are not allowed to bring a lawsuit against any state within the United States. Four exceptions have been carved out:
1.) While the "state itself" may not be sued, its various cities, counties, and municipalities may still be sued.
2.) The state being sued may waive its sovereign immunity/11th amendment protection, and therefore consent to being sued in federal court
3.) A state may still be sued in federal court for Due Process violations of the 14th amendment.
4.) Injunctions (but not monetary damages) can be still sought against state officials
"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against or of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State."
Essentially, citizens of a foreign government, or citizens of one particular state within the United states, are not allowed to bring a lawsuit against any state within the United States. Four exceptions have been carved out:
1.) While the "state itself" may not be sued, its various cities, counties, and municipalities may still be sued.
2.) The state being sued may waive its sovereign immunity/11th amendment protection, and therefore consent to being sued in federal court
3.) A state may still be sued in federal court for Due Process violations of the 14th amendment.
4.) Injunctions (but not monetary damages) can be still sought against state officials
RSS Feed
