THIS CASEBOOK contains a selection of 183 U. S. Court of Appeals decisions that analyze and discuss the doctrine of sovereign immunity under the Eleventh Amendment to the U. S. Constitution. The selection of decisions spans from 2006 to the date of publication.
The Eleventh Amendment provides, "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S. Const. amend. XI. "The ultimate guarantee of the Eleventh Amendment is that nonconsenting States may not be sued by private individuals in federal court." See, e.g., Bd. of Trs. of Univ. of Ala. v. Garrett, 531 U.S. 356, 363 (2001). Babcock v. Michigan, 812 F. 3d 531 (6th Cir. 2016).
Eleventh Amendment immunity bars suits by private individuals in federal court against a state unless the state has consented to be sued or has waived its immunity or Congress has abrogated the states' immunity. Bd. of Trs. of Univ. of Ala. v. Garrett, 531 U.S. 356, 363-64, 121 S.Ct. 955, 962, 148 L.Ed.2d 866 (2001); Cross v. Ala. Dep't of Mental Health & Mental Retardation, 49 F.3d 1490, 1502 (11th Cir.1995). "This bar exists whether the relief sought is legal or equitable." Papasan v. Allain, 478 U.S. 265, 276, 106 S.Ct. 2932, 2939, 92 L.Ed.2d 209 (1986). [Footnote omitted.] The Eleventh Amendment applies when "the State or one of its agencies or departments is named as the defendant. . . ." Id. (quotation marks omitted). That is, Eleventh Amendment immunity "is available 'only' to states and arms of the states." Walker v. Jefferson Cty. Bd. of Educ., 771 F.3d 748, 751 (11th Cir.2014). Nichols v. Alabama State Bar, 815 F. 3d 726 (11th Cir. 2016).
Eleventh Amendment immunity extends to a state and its agencies but not to counties, municipalities, or other political subdivisions of the state. Steadfast Ins. Co. v. Agric. Ins. Co., 507 F.3d 1250, 1253 (10th Cir. 2007); see also Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89 (1984) (explaining that "in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment"). The CDOC is an "arm" or "instrumentality" of the State of Colorado, rather than a political subdivision of the state, and it therefore enjoys immunity from suit under the Eleventh Amendment unless that immunity is waived. Griess v. Colorado, 841 F.2d 1042, 1044 (10th Cir. 1988) (per curiam) (noting the "undeniable application" of Eleventh Amendment immunity to the "State of Colorado and its department of corrections"). Aguilar v. Colorado State Penitentiary, (10th Cir. 2016).
The Eleventh Amendment bars claims for damages against a state official acting in his or her official capacity. Pena v. Gardner, 976 F.2d 469, 472 (9th Cir. 1992) (per curiam). It does not, however, bar claims for damages against state officials in their personal capacities. Id. Moreover, when a plaintiff sues a defendant for damages, there is a presumption that he is seeking damages against the defendant in his personal capacity. Romano v. Bible, 169 F.3d 1182, 1186 (9th Cir. 1999). Mitchell v. Washington, 818 F. 3d 436 (9th Cir. 2016).
The Eleventh Amendment provides, "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S. Const. amend. XI. "The ultimate guarantee of the Eleventh Amendment is that nonconsenting States may not be sued by private individuals in federal court." See, e.g., Bd. of Trs. of Univ. of Ala. v. Garrett, 531 U.S. 356, 363 (2001). Babcock v. Michigan, 812 F. 3d 531 (6th Cir. 2016).
Eleventh Amendment immunity bars suits by private individuals in federal court against a state unless the state has consented to be sued or has waived its immunity or Congress has abrogated the states' immunity. Bd. of Trs. of Univ. of Ala. v. Garrett, 531 U.S. 356, 363-64, 121 S.Ct. 955, 962, 148 L.Ed.2d 866 (2001); Cross v. Ala. Dep't of Mental Health & Mental Retardation, 49 F.3d 1490, 1502 (11th Cir.1995). "This bar exists whether the relief sought is legal or equitable." Papasan v. Allain, 478 U.S. 265, 276, 106 S.Ct. 2932, 2939, 92 L.Ed.2d 209 (1986). [Footnote omitted.] The Eleventh Amendment applies when "the State or one of its agencies or departments is named as the defendant. . . ." Id. (quotation marks omitted). That is, Eleventh Amendment immunity "is available 'only' to states and arms of the states." Walker v. Jefferson Cty. Bd. of Educ., 771 F.3d 748, 751 (11th Cir.2014). Nichols v. Alabama State Bar, 815 F. 3d 726 (11th Cir. 2016).
Eleventh Amendment immunity extends to a state and its agencies but not to counties, municipalities, or other political subdivisions of the state. Steadfast Ins. Co. v. Agric. Ins. Co., 507 F.3d 1250, 1253 (10th Cir. 2007); see also Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89 (1984) (explaining that "in the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment"). The CDOC is an "arm" or "instrumentality" of the State of Colorado, rather than a political subdivision of the state, and it therefore enjoys immunity from suit under the Eleventh Amendment unless that immunity is waived. Griess v. Colorado, 841 F.2d 1042, 1044 (10th Cir. 1988) (per curiam) (noting the "undeniable application" of Eleventh Amendment immunity to the "State of Colorado and its department of corrections"). Aguilar v. Colorado State Penitentiary, (10th Cir. 2016).
The Eleventh Amendment bars claims for damages against a state official acting in his or her official capacity. Pena v. Gardner, 976 F.2d 469, 472 (9th Cir. 1992) (per curiam). It does not, however, bar claims for damages against state officials in their personal capacities. Id. Moreover, when a plaintiff sues a defendant for damages, there is a presumption that he is seeking damages against the defendant in his personal capacity. Romano v. Bible, 169 F.3d 1182, 1186 (9th Cir. 1999). Mitchell v. Washington, 818 F. 3d 436 (9th Cir. 2016).
