11th Amendment

Question 1

What does the 11th Amendment do?

Answer 1

Bars suits against state, state officials generally

Question 2

Ex Parte Young?

Answer 2

Can bring suit against state officials in (1) official capacity, (2) for injunctive relief, (3) for prospective harm

Question 3

When is an agency a state entity? (11th Amendment immune)

Answer 3

Mitchell balancing:

1. Whether money judgment would be satisfied out of state funds (most important factor)
2. Whether entity performs central govt. functions
3. Whether entity may sue or be sued
4. Whether entity has power to take property in its own name or the state’s name
5. Corporate status of the entity