Sovereign Immunity

What It Is

Sovereign immunity is the ancient legal principle that the government cannot be sued without its consent. In the United States, this doctrine primarily protects states (not cities or counties) from being hauled into court.

The Eleventh Amendment enshrines this protection in the Constitution, barring lawsuits against a state in federal court by its own citizens or citizens of other states.

How It Affects § 1983 Cases

Sovereign immunity has a major impact:

• States are not “persons” under § 1983. The Supreme Court held in Will v. Michigan Dept. of State Police, 491 U.S. 58 (1989) that a state and its agencies cannot be sued for damages under § 1983.
• State officials sued in their official capacity are really suits against the state itself, so they are also barred for damages.
• Cities and counties are NOT protected. Municipal governments are “persons” under § 1983 and can be sued. See Monell v. Department of Social Services, 436 U.S. 658 (1978).

The Workarounds

You cannot sue a state for damages under § 1983, but you have options:

1. Sue the individual officer in their personal capacity for damages. Sovereign immunity does not protect individuals acting on their own behalf.
2. Sue a state official in official capacity for injunctive relief under the Ex parte Young doctrine. You can ask a court to order a state official to stop violating the Constitution going forward.
3. Sue the city or county under Monell liability if a municipal policy or custom caused the violation.

Congress and Sovereign Immunity

Congress can override sovereign immunity in limited circumstances by using its power under the Fourteenth Amendment. However, the Supreme Court held that § 1983 itself does not abrogate state sovereign immunity. Quern v. Jordan, 440 U.S. 332 (1979).

Practical Tips

• Do not name the state or a state agency as a defendant in a § 1983 damages claim — it will be dismissed.
• Name individual officers in their personal capacity for damages.
• If you need to change state policy, use the Ex parte Young doctrine to seek an injunction against the responsible state official.
• Cities, counties, and local agencies do not have sovereign immunity under § 1983.

Key Takeaway

States are immune from § 1983 damages suits. Focus your claims on individual officers (personal capacity) and municipalities, or seek injunctive relief against state officials under Ex parte Young.