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2006-08-12 02:36:00 · 2 answers · asked by Ruselo Riva A 1 in Politics & Government Law & Ethics

2 answers

The 11th Amendment prohibits private suits (by citizens) against states in federal court, unless the state consents to the suit. It doesn't apply to counties, towns, agencies, or other sub-units of the state. But it does apply to suits seeking damages against state officials where the person was acting in their official capacity, because state would have to pay those damages.

Many state constitutions have similar provisions preventing the state (as an entity) from being sued in their own local state courts.

That's why so many lawsuits name heads of departments, agencies, towns, etc. as defendants, since they plaintiff cannot go after the state as a whole.

2006-08-12 04:28:14 · answer #1 · answered by coragryph 7 · 0 0

Also called "sovereign immunity" - a doctrine precluding the institution of a suit against the sovereign [government] without its consent.

2006-08-15 23:12:02 · answer #2 · answered by lawtech 2 · 0 0

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