Suing the Government

Eleventh Amendment Immunity

Reports

INTELLECTUAL PROPERTY - State Immunity in Infringement Actions - Report to the Honorable Orrin G. Hatch, Ranking Minority Member, Committee on the Judiciary, U.S. Senate GAO

Cases

McCarthy v. Hawkins, 381 F.3d 407 (5th Cir. 2004) - state officials can be sued in their official capacity for Ex parte Young claims. This case was brought to force Texas officials to comply with Medicaid and ADA laws.

Rosie D. v. Swift, 310 F.3d 230 (1st Cir. 2002) - 11th Amendment does not bar Ex Parte Young exception to 1983 actions under Medicaid laws

Brief - School district immunity under 42 USC 1983 - Kirchmann v. Lake Elsinore Unified School Dist., 83 Cal.App.4th 1098, 100 Cal.Rptr.2d 289 (Cal.App. 4 Dist. 2000)

Brief -Court Reviews the Factors that Determine Whether an Agency is an Arm of the State for 1983 Actions - Kirchmann v. Lake Elsinore Unified School Dist., No. E026060, 83 Cal.App.4th 1098, 100 Cal.Rptr.2d 289 (Cal.App. Dist.4 09-27-2000)

Brief -Third Circuit Finds Private ADA Claims Against the States Unconstitutional - Lavia v. Commonwealth of Pennsylvania, No. 99-3863 (3d Cir. 08-08-2000)

Brief -Fifth Circuit Finds Family and Medical Leave Act Unconstitutional as Applied to States - Kazmier v. Widmann, No. 99-30242 (5th Cir. 08-25-2000)

States Immune from Individual Claims under ADA - Stevens v. Illinois Department of Transportation, No. 98-3550 (7th Cir. 04-11-2000)

States Immune from Individual Claims under ADA - Erickson v. Board of Governors of State Colleges, No. 98-3614 (7th Cir. 03-27-2000)

Does the 11th Amendment bar EMTALA claims against state hospitals? - Ward v. Presbyterian Healthcare Services, 72 F.Supp.2d 1285 (D.N.M. 1999)

Reviewing Physician Entitled to Quasi-Judicial Absolute Immunity - Ostrzenski v. Seigel, 177 F.3d 245 (4th Cir. 05-24-1999) - Defendant was a private physician acting as a reviewer for the state Board of Medical Examiners.

State University Gets 11th Amendment Immunity - Regents of the University of California v. Doe, 519 U.S. 425 (1997)

Federal injunctions against unconstitutional state actions - Ex Parte Young, 28 S. Ct. 441, 209 U.S. 123 (1908)