Also known as: states sovereign immunity · state's sovereign immunity · states' sovereign immunity · Eleventh Amendment immunity · state immunity from suit
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional doctrine that shields states from private suits seeking retrospective monetary relief in federal court absent clear consent or valid congressional abrogation. The doctrine extends to suits by a state's own citizens and to certain federal claims in state court when Congress acts under Article I. Valid abrogation requires reliance on Section 5 of the Fourteenth Amendment rather than Article I powers.
Sylvia Santos and other probation officers filed a federal action against the State of Maine alleging violations of the Fair Labor Standards Act. The officers sought back wages and damages for unpaid overtime. The state moved to dismiss on sovereign immunity grounds. The court granted the motion because the statute rested on Article I authority and the state had not consented to suit.
Sophia Singh, a citizen of Louisiana, filed a federal diversity action against the State of Louisiana seeking unpaid licensing fees under a contract. The state moved to dismiss asserting sovereign immunity. The district court granted the motion because the Eleventh Amendment bars suits by a state's own citizens for retrospective monetary relief absent consent or abrogation.
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Sterling Dynamics sued the Redland Insurance Commission in federal court under a federal statute enacted pursuant to the commerce power. The statute created a private damages remedy against state insurance authorities that blocked approved plans. The commission moved to dismiss. The court granted the motion because Congress cannot abrogate state sovereign immunity through Article I legislation.
Sabrina Shah, a Nevada resident, sued the California Franchise Tax Board in Nevada state court for alleged tortious conduct during a tax audit. California asserted sovereign immunity. The Nevada court dismissed the action because state sovereign immunity prevents one state from being haled into another state's courts without consent.
Stella Shapiro and other Illinois residents sued state officials in federal court seeking retroactive payment of welfare benefits wrongfully withheld. The officials moved to dismiss the monetary claims. The court dismissed those claims because they would require payment from the state treasury and therefore implicated sovereign immunity.
Shelby County sued the Attorney General in federal court challenging provisions of the Voting Rights Act that required preclearance of voting changes. The county argued that the statute exceeded Congress's enforcement power. The Supreme Court invalidated the coverage formula because it imposed burdens on states without current justification under the Fourteenth and Fifteenth Amendments.
Yes. The doctrine extends the Eleventh Amendment bar to suits brought by a state's own citizens against the state in federal court for retrospective monetary relief absent consent or valid abrogation.
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No. Article I powers such as the commerce power do not authorize Congress to subject nonconsenting states to private damages actions in federal court. Valid abrogation requires reliance on Section 5 of the Fourteenth Amendment.
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Yes. When Congress acts under Article I, state sovereign immunity prevents private damages suits against nonconsenting states in their own courts.
Yes. Suits seeking prospective injunctive relief against state officers to end ongoing violations of federal law may proceed in federal court even when sovereign immunity bars damages claims against the state itself.
…or local authority. Cf., e. g. , Dellmuth v. Muth , 491 U. S. 223, 227-228 (1989) (requiring clear statement for abrogation of Eleventh Amendment immunity). Moreover, any clear statement rule would apply only to determine Congress' intended result, not to clarify the source of its authority or measure the level of consideration that went…