Cameron Miranda
The Eleventh Amendment to the U.S. Constitution prevents federal courts from hearing cases of citizens of one state suing another state in federal court. However, there are exceptions and nuances to this general rule, and the amendment does not bar all lawsuits against state governments. For instance, in certain circumstances, individuals may bring constitutional and statutory cases against states, particularly when the state's sovereign immunity has been waived or abrogated. In the United States v. North Carolina (1890), the Supreme Court assumed jurisdiction over a case of the federal government suing a state, and in United States v. Texas (1892), the Court concluded that Texas had consented to be sued by the United States when it was admitted to the Union.
| Characteristics | Values |
|---|---|
| Can a state be sued in federal court? | No, the Eleventh Amendment prevents federal courts from exercising jurisdiction over cases involving citizens of one state suing another state in federal court. However, there are exceptions and nuances to this general rule. |
| Can a state be sued in its own courts? | Yes, a state may waive its immunity in its own courts without consenting to suit in federal court. |
| Can a state official be sued? | Yes, an official of a state can be sued to prevent them from executing a state law that conflicts with the Constitution or a law of the United States. |
| Can the federal government sue a state? | Yes, the Supreme Court has held that it has jurisdiction over suits brought by the federal government as plaintiff against states as party defendants. |
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What You'll Learn
Suing state officials
Firstly, if a state official's actions, aside from any official authority, are considered wrong as an individual act, such as a trespass, they can be sued. In such cases, the suit is considered an action against the individual and not the state. Secondly, state officials can be sued to prevent them from executing a state law that conflicts with the Constitution or a federal law. This is a standard device to test the validity of state legislation in federal courts before enforcement and interpretation in state courts. These suits do not constitute actions against the state, even if the state is restrained as a result.
In addition, suits to restrain state officials from acting in contravention of federal statutes or to compel them to undertake affirmative obligations imposed by the Constitution or federal laws are common. Federal courts have jurisdiction in these cases, provided there are grounds for federal jurisdiction. Furthermore, in some instances, states have waived their immunity in their own courts, allowing individuals to bring suits against state officials.
It is important to note that pursuing a personal injury claim against a state or local government entity, including state officials, can be challenging and requires knowledge of specific rules and deadlines. It is recommended to consult with an attorney before initiating any legal action.
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State sovereign immunity
Sovereign immunity is a common law doctrine that protects sovereign entities, such as federal and state governments, from legal action without their consent. The doctrine of state sovereign immunity holds that nonconsenting states are immune from suit unless there was a surrender of this immunity. This immunity can be waived by the state or abrogated by Congress.
The origins of sovereign immunity lie in English common law, where the king, as the apex of the feudal pyramid, could not be sued in his own courts. This principle was adopted in the United States, where it was initially applied to protect states from lawsuits by citizens of another state or foreign citizens. The Eleventh Amendment, ratified in 1793, clarified that federal judicial power does not extend to suits against a state by citizens of another state or foreign citizens.
However, the scope of state sovereign immunity has evolved over time. The Supreme Court has held that immunity derives not only from the Eleventh Amendment but also from the structure of the original Constitution itself. This has led to the expansion of immunity beyond the explicit directives of the Eleventh Amendment and the inclusion of state courts. As a result, states can invoke immunity in their own courts, even when sued under a valid federal law.
The applicability of state sovereign immunity has been further enhanced by decisions such as Federal Maritime Commission v. South Carolina State Ports Authority, which held that state sovereign immunity applies to quasi-judicial proceedings in federal agencies. Additionally, states have the authority to define the scope of their immunity, leading to a variety of sovereign immunity regimes across the country.
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Suing without state consent
The Eleventh Amendment and the common law doctrine of sovereign immunity bar suits against states by private individuals and by other states. However, under certain circumstances, individuals may bring constitutional and statutory cases against states. In some of these cases, the state's sovereign immunity has either been waived by the state or abrogated by Congress.
In the 1989 case of Pennsylvania v. Union Gas Co., the Court held that Congress, acting under its Article I powers, may abrogate the Eleventh Amendment immunity of the states, as long as it does so with sufficient clarity. This means that Congress can allow individuals to sue a state without that state's consent.
In addition, a state may expressly consent to being sued in federal court by statute. However, the conclusion that there has been consent or a waiver is not lightly inferred; the Court strictly construes statutes alleged to consent to suit. For example, in Port Authority Trans-Hudson Corp. v. Feeney, an expansive consent "to suits, actions, or proceedings of any form or nature at law, in equity or otherwise" was deemed too "ambiguous and general" to waive immunity in federal court.
Furthermore, individuals can sue state officials to prevent them from executing a state law that conflicts with the Constitution or a law of the United States. In these cases, the fact that the official is acting on behalf of the state does not make the suit one against the state. For instance, in Young, the state attorney general was sued, and an injunction was granted forbidding him from enforcing a law that was alleged to be unconstitutional.
In summary, while states generally enjoy sovereign immunity from being sued, there are circumstances in which they can be sued without their consent. This includes situations where Congress has abrogated immunity, where the state has expressly consented, or where individuals sue state officials to prevent the enforcement of unconstitutional laws.
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Federal question jurisdiction
Under Article III of the Constitution, federal courts can hear "all cases, in law and equity, arising under this Constitution, [and] the laws of the United States". This clause has been interpreted broadly, allowing federal courts to hear any case with a federal ingredient. For federal question jurisdiction to exist, the requirements of 28 USC 1331 must also be met. This statute gives federal courts jurisdiction over cases that "aris [e] under" federal law.
The requirement of a case "arising under" federal law has been found to be narrower than the requirements of the constitution. The Supreme Court has ruled that a "suit arises under the law that creates the cause of action", and therefore, only suits based on federal law are likely to create federal question jurisdiction. For a case to have federal question jurisdiction, the plaintiff's initial complaint must contain references to the federal question and the federal issue; it cannot arise in an anticipated defense. This is called the well-pleaded complaint rule.
Another test used to determine federal question jurisdiction is the Grable Test, a two-part test:
- Does the claim have a "federal ingredient" for federal question jurisdiction under Article III Section 2 of the Constitution?
- Does the claim meet the requirements for 28 USC 1331 federal question jurisdiction?
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Diversity jurisdiction
If a lawsuit does not meet these two conditions, federal courts will normally lack the jurisdiction to hear it unless it involves a federal question, and the lawsuit would need to be heard in a state court instead. The United States Constitution, in Article III, Section 2, grants Congress the power to permit federal courts to hear diversity cases through legislation authorizing such jurisdiction. This authority has been invoked by Congress since the Judiciary Act of 1789, which granted federal courts jurisdiction over suits between a citizen of a state and an alien. The current diversity jurisdiction provision is codified at 28 U.S.C. § 1332, and grants federal court jurisdiction in all civil actions between citizens of different states and between a citizen of a state and a subject of a foreign state if the amount in controversy exceeds $75,000.
A partnership or limited liability company is considered to have the citizenship of all its constituent partners or members. Cities and towns (incorporated municipalities) are treated as citizens of the states in which they are located, but states themselves are not considered citizens for the purpose of diversity. US citizens are citizens of the state in which they are domiciled, which is the last state in which they resided and intended to remain. A change in domicile by a natural person before or after a certain date is irrelevant. A national bank chartered under the National Bank Act is treated as a citizen of the state in which it is "located".
If a case is originally filed in a state court and the requirements for federal jurisdiction are met, the defendant may remove the case to a federal court. For example, if there is no diversity of citizenship initially, but the non-diverse defendant is subsequently dismissed, the remaining diverse defendant(s) may remove the case to a federal court. However, no removal is available after one year of the filing of the complaint. A court exercising diversity jurisdiction is subject to the Erie doctrine, which states that federal courts must follow the substantive law of the state in which they reside. This doctrine limits the ability of plaintiffs and defendants to obtain an advantage through the use or decision not to use diversity jurisdiction.
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Frequently asked questions
The Eleventh Amendment to the U.S. Constitution prevents federal courts from exercising jurisdiction over cases involving citizens of one state suing another state in federal court. However, there are exceptions and nuances to the general rule that complicate the seemingly straightforward doctrine of state sovereign immunity.
State sovereign immunity is the principle that no person or group could sue a sovereign government, including the states, without their consent. The U.S. Constitution's ratification in 1788 changed the principle of state sovereignty in two significant ways: the Constitution created a national government, so the states were no longer sovereign, and it established the federal court system, specifying that federal courts had jurisdiction over controversies between a state and citizens of another state.
Yes, an official of a state can be sued to prevent them from executing a state law that conflicts with the U.S. Constitution or a federal law.
Yes, a state may waive its immunity in its own courts without consenting to a suit in federal court.
