Also known as: governmental immunity · sovereign immunity · state immunity
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional protection that shields states from private suits seeking damages in federal or state courts absent consent or valid congressional abrogation under Section Five of the Fourteenth Amendment.
Gerald Gibson, a state hospital nurse, sued the State of Louisiana in state court for unpaid overtime under the Fair Labor Standards Act. The state had not consented to the suit. The court dismissed the damages action because the federal statute rested on Article I authority.
Greta Goldstein, a resident of State A, filed a damages action in State B courts against State A for breach of a contract performed in State B. State A had not consented to suit in State B. The court dismissed the action on sovereign immunity grounds.
Gino Giordano, a citizen of Louisiana, brought a federal court action against the State of Louisiana seeking back pay under a federal wage statute. The state had not consented and no valid abrogation existed. The court dismissed the suit for lack of jurisdiction.
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Guillermo Guzman sued the State of Florida in federal court under a federal statute enacted pursuant to the Indian Commerce Clause. The statute purported to abrogate state immunity. The court dismissed the action because Article I powers cannot remove Eleventh Amendment protection.
Gina Garcia, a state employee, sued the State of Texas in federal court for back wages under the Equal Pay Act. Congress had abrogated immunity pursuant to Section Five of the Fourteenth Amendment. The court permitted the damages action because valid abrogation existed.
Gary Grant, a bankruptcy trustee, brought an avoidance action against a state agency in federal bankruptcy court. The state asserted sovereign immunity. The court permitted the action because the Bankruptcy Clause subordinates state immunity in core proceedings.
Yes. State sovereign immunity prevents private suits against nonconsenting states in their own courts on federal claims when Congress acts under Article I powers. The state must consent for such actions to proceed.
No. States retain sovereign immunity from private suits in the courts of other states. The Constitution does not permit one state’s courts to entertain a private damages action against another state without consent.
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. This reinforces state sovereign immunity from private damages suits.
No. Congress’s Article I powers do not authorize abrogation of state sovereign immunity in federal court. Valid abrogation must rest on the Fourteenth Amendment’s enforcement power.
…§2000bb–1(b). The Act’s authorization of claims for money damages against the States is an attempt to abrogate the States’ sovereign immunity. The question is whether Congress has the power under §5 of the Fourteenth Amendment to do so. Congress’ power under §5 of the Fourteenth Amendment extends only to “enforc[ing]” the…