Can a plaintiff bring a motion for injunctive relief against a state official under the 11th amendment?

MultiRegion, United States of America

The following excerpt is from Hoohuli v. Ariyoshi, 741 F.2d 1169 (9th Cir. 1984):

6 The nature of the relief requested is not always dispositive, of course. A suit against a state official that is in fact against a state, is barred even if the relief sought is injunctive. Cory v. White, 457 U.S. 85, 90-91, 102 S.Ct. 2325, 2328-29, 72 L.Ed.2d 694 (1982).

Defendants' contention that Cory established a bar to injunctive relief against state officials under the eleventh amendment is without merit. "That case held that suit to restrain actions of state officials can be prosecuted if those actions are without authority of state law or violate federal law." Goodisman v. Lytle, 724 F.2d 818, 820 (9th Cir.1984). Because plaintiffs in this case allege violations of federal constitutional and statutory law, Cory does not bar equitable relief. Id.

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