The immunity protects states, state agencies, and officials sued in official capacity for damages. Ex parte Young permits prospective injunctive relief against officials, and states may waive or Congress may validly abrogate.
States are not persons under Section 1983.
Alternative Names:
State Sovereign Immunity|Eleventh Amendment Bar
Why it Matters?
States are not persons under Section 1983, which independently defeats damages claims against them regardless of the Eleventh Amendment analysis, and the same reasoning reaches officials sued in official capacity for damages. Whether an entity is an arm of the state or a political subdivision determines the immunity, since municipalities and counties do not receive it. That classification is the threshold question in litigation against public entities.
Frequently Confused with
Related terms
Frequently asked questions
Do municipalities receive the immunity?
What is the independent bar?
