11th Amendment

Defendants that are Precluded

-State -Agencies, boards, and other state entities

Questions

1. Are the defendants entitled to the 11th Amendment Sovereign Immunity? 2. What are the claims and remedies sought against? 3. Are any of the exceptions to the 11th Amendment's Sovereign Immunity bar present in the case? For which claim, remedy and defendant?

Exceptions

1. Ex Parte Young 2. Waiver 3. Congressional Abrogation

Waiver Exception

A state may waive its sovereign immunity it it's a: -Pre-litigation Waiver -Implied Waiver

Ex Parte Young Exception

Allows for a state official to be sued when the remedy is for declaratory or injunctive relief.

11th Amendment

Judicial power of the US shall not be construed to extend to any suit in law equity, commenced or prosecuted against one of the US by citizens of another state, or by citizens or subjects of any foreign state.

Congressional Abrogation Exception

The 11th Amendment is a bar against federal court jurisdiction to hear suits against States. Section 5 of 14th Amendment. What right is bring protected by the law? Must meet all requirements: -Clear & Express Language? -Under Section 5 of 14th Amend.? -Congruent + Proportional?

Pre-litigation Waiver

The test to determine if a state's waiver immunity is stringent. Waiver has to be express and specify the State's intention to subject itself to suit in federal court. A state's consent to be sued in its own court is not sufficient to constitute waiver of immunity in federal court.

Implied Waiver

Will be found when: -Congress creates a federal program and grants funds to states under its spending power, and -Unambiguously express in the statute that creates the program that by participating in the program, the State is consenting to be sued in federal courts for violations to the program requirements.