Also known as: governmental immunities · government immunity · sovereign immunity · state immunity
Written by attorneys · grounded in primary & secondary sources — see below
A common-law doctrine shielding governmental entities from tort liability or private damages actions unless the entity consents to suit or Congress validly abrogates the protection. The doctrine traces to English common law and bars suits against states and their subdivisions in both federal and state courts on federal claims when Congress acts under Article I powers.
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Gabriella Gomez, a nurse at a state hospital, sues the State of Louisiana in state court for unpaid overtime under the Fair Labor Standards Act. The state moves to dismiss. The court grants the motion because the state has not consented to private damages actions on federal claims enacted under Article I powers.
Gustavo Gutierrez, a resident of State A, sues State B in State A's courts for breach of a services contract and seeks money damages. State B moves to dismiss on immunity grounds. The court dismisses the action because one state's courts may not entertain private damages suits against another nonconsenting state.
George Garcia, a resident of the state, files a federal-court action against his own state seeking damages for an alleged violation of a federal statute. The state moves to dismiss. The court dismisses the suit because the Eleventh Amendment bars a state's own citizens from pursuing private damages actions in federal court absent consent or valid abrogation.
Gretchen Graham, a casino operator, sues a state in federal court under a federal statute enacted pursuant to the Indian Commerce Clause seeking damages for alleged regulatory violations. The state moves to dismiss. The court grants the motion because Article I powers do not authorize Congress to abrogate state sovereign immunity in federal court.
Gabriel Gonzalez, an employee of a state-created transit authority, sues the authority in federal court for unpaid minimum wages and overtime under federal law. The authority moves to dismiss on immunity grounds. The court denies the motion because Congress validly subjected states and their instrumentalities to suit under the Fair Labor Standards Act.
Guadalupe Gallegos, a vendor, sues a state hospital authority in federal court for damages arising from an alleged breach of a procurement contract. The authority moves to dismiss. The court grants the motion because the Eleventh Amendment bars private damages actions against nonconsenting states and their instrumentalities absent valid abrogation.
Many jurisdictions distinguish governmental functions, for which immunity applies, from proprietary functions, for which municipalities may be liable. Courts developed this distinction to limit the reach of common-law immunity while still protecting core governmental activities.
The Federal Tort Claims Act waives federal sovereign immunity for many tort claims but retains immunity for discretionary functions and certain other categories. Plaintiffs must satisfy the Act's procedural requirements to proceed.
…to the old notion that the King can do no wrong. Until now, this concept had survived in this country only in the form of sovereign immunity. That doctrine forecloses suit against the Government itself and against Government officials, but only when the suit against the latter actually seeks relief against the sovereign. Larson…
…simple structure would suffice.[^maj-23] For example, Congress could enact a statute along the following lines: (a) a waiver of
…between local government officials, such as the CLEO's who brought this action, and state
…must rest on SAMTA's status as a governmental entity rather than on the "local" nature of its operations. The prerequisites for
…as to the individual and corporate respondents. I would go further, however, and also hold that the United State
No. Article I powers such as the Commerce Clause or Indian Commerce Clause do not authorize Congress to abrogate Eleventh Amendment immunity. Valid abrogation requires reliance on Section Five of the Fourteenth Amendment.
Yes. States retain sovereign immunity from private damages actions on federal claims in their own courts when Congress acts under Article I. Consent by the state is required before such suits may proceed.
Yes. The Eleventh Amendment's jurisdictional bar extends to suits brought by a state's own citizens against that state in federal court absent consent or valid abrogation.