Sovereign Immunity

Question 1

Sovereign Immunity and the Eleventh
Amendment

Answer 1

The Supreme Court has held that the doctrine of sovereign immunity
reflected in the Eleventh Amendment bars a private party’s suit against a state in federal and state courts. Similarly, sovereign immunity bars claims against a state in federal and state agencies.

Question 2

Express Waiver Exception to SI

Answer 2

States can be sued if they consent to it (that is, by waiver). Most states have expressly waived sovereign immunity, at least to a limited extent, in their tort claims acts.

Question 3

Implicit Consent/Structural Waiver exception

Answer 3

When they joined the federal union, states implicitly agreed that
their sovereign immunity would yield to certain federal powers (for example, eminent domain and military-related powers).

Question 4

Structural waiver

Answer 4

• A federal power is complete in itself AND
• The states implicitly consented to the federal government
  exercising that power as part of the plan of the Constitution

Question 5

Actions Against Local Governments

Answer 5

Local governments (for example, a city or county) are not protected by sovereign immunity. Neither are entities like police
departments.

Question 6

Suits by Other States or the Federal Government

Answer 6

States can be sued by other states, and the federal government
can sue states.

Question 7

Bankruptcy

Answer 7

States lack sovereign immunity in bankruptcy proceedings, so a
person can sue a state in relation to a bankruptcy proceeding.

Question 8

Certain Actions Against State Officers

Answer 8

A person can sue a state official (1) for damages personally or (2) to enjoin the official from future conduct that violates the Constitution or federal law, even if this will require prospective payment from the state. However, a suit against a state official is prohibited by sovereign immunity to the extent that it seeks retroactive damages.