Ex Parte Young

What It Is

The Ex parte Young doctrine is a critical workaround to sovereign immunity. Under Ex parte Young, 209 U.S. 123 (1908), the Supreme Court held that when a state official violates the Constitution, they are “stripped” of their official character and can be sued in federal court for prospective (forward-looking) injunctive relief.

The legal fiction: you are not suing the state — you are suing an individual who happens to be a state officer and is acting unconstitutionally.

How It Works

To use Ex parte Young, your lawsuit must:

1. Name a state official (not the state itself) as the defendant
2. Sue them in their official capacity
3. Seek prospective relief — an injunction ordering the official to stop the ongoing constitutional violation or comply with the law going forward
4. Allege an ongoing violation of federal law

You cannot use Ex parte Young to get money damages for past harm. That is still blocked by the Eleventh Amendment. The doctrine only opens the door to forward-looking relief.

Key Cases

• Ex parte Young, 209 U.S. 123 (1908) — The foundational case establishing the doctrine.
• Edelman v. Jordan, 415 U.S. 651 (1974) — Clarified that Ex parte Young does not permit retroactive monetary relief disguised as equitable relief.
• Verizon Maryland Inc. v. Public Service Commission, 535 U.S. 635 (2002) — Applied a straightforward inquiry: does the complaint allege an ongoing violation of federal law and seek prospective relief?

When It Applies in § 1983 Cases

Ex parte Young is most useful when:

• A state agency has an unconstitutional policy (e.g., a state prison system with cruel conditions) and you want a court order forcing change
• You need an injunction against a state official to stop ongoing constitutional violations
• You cannot get damages from the state, but you need the harmful conduct to stop

Practical Tips

• Name the right official. Sue the specific state official responsible for enforcing the unconstitutional policy — not the state, not the agency.
• Request prospective relief only. Ask the court to order the official to stop the violation going forward. Do not frame your request as compensation for past harm.
• Combine with personal-capacity claims. You can sue the same official in their personal capacity for damages and in their official capacity for injunctive relief under Ex parte Young.
• This only applies to state officials. For cities and counties, you sue the municipality directly under Monell.

Key Takeaway

Ex parte Young lets you get a federal court order stopping a state official from violating your constitutional rights — even though you can’t sue the state itself for damages.