Eleventh Amendment (Sovereign Immunity)

What It Is

The Eleventh Amendment bars federal courts from hearing lawsuits against a state brought by its own citizens or citizens of another state. This means you generally cannot sue the state or a state agency under § 1983 for money damages.

What It Blocks

• Suits against the state itself
• Suits against state agencies (Department of Corrections, state police, state university)
• Suits against state officials in their official capacity for money damages (because that’s effectively a suit against the state)

What It Doesn’t Block

• Suits against municipalities (cities, counties, school districts) — the Eleventh Amendment only protects states, not local governments. Monell v. Department of Social Services, 436 U.S. 658 (1978).
• Suits against state officials in their individual capacity — you’re suing the person, not the state
• Suits against state officials in their official capacity for injunctive relief (an order to stop doing something) — the Ex parte Young, 209 U.S. 123 (1908) exception
• Cases where the state has waived its immunity (rare)
• Cases where Congress has abrogated sovereign immunity under the Fourteenth Amendment (§ 1983 does not do this)

Why It Matters

Most § 1983 plaintiffs don’t sue the state directly. You sue:

1. Individual officers in their individual capacity (for money damages)
2. The municipality (for money damages, under Monell)
3. Officials in their official capacity (for injunctive relief only)

If you accidentally name the state or a state agency, that claim gets dismissed. Name the right defendants from the start.

Key Cases

• Ex parte Young, 209 U.S. 123 (1908) — State officials can be sued for injunctive relief
• Will v. Michigan Dep’t of State Police, 491 U.S. 58 (1989) — States are not “persons” under § 1983; official capacity suits against state officials for damages barred
• Edelman v. Jordan, 415 U.S. 651 (1974) — Eleventh Amendment bars retroactive monetary relief from states