Can a state waive immunity under the Eleventh Amendment?
MultiRegion, United States of America
The following excerpt is from Jackson v. California, Case No. 1:13-cv-01055-LJO-SAB (E.D. Cal. 2014):
A state can waive Eleventh Amendment immunity, but the consent must be expressed unequivocally. Young v. Hawaii, 911 F.Supp.2d 972, 982 (D. Haw. 2012). California has not
Page 15
waived immunity for claims brought for injunctive relief or damages pursuant to section 1983. Brown v. California Dep't Corrections, 554 F.3d 747, 752 (9th Cir. 2009).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a state waive its sovereign immunity under the Eleventh Amendment? (MultiRegion, United States of America)
How have we referred to "Eleventh Amendment" state sovereign immunity? (MultiRegion, United States of America)
Is a state immune from a lawsuit under the Eleventh Amendment? (MultiRegion, United States of America)
Does the Eleventh Amendment bar a plaintiff from bringing a civil action in federal court against a state official acting in his official capacity alleging a violation of state law? (MultiRegion, United States of America)
Is a state immune from civil action under the Eleventh Amendment? (MultiRegion, United States of America)
In a civil action brought by the Department of Justice against the State of Oregon for wrongful arrest pursuant to an invalid warrant, does the state have any liability or immunity? (MultiRegion, United States of America)
What is the effect of an order requiring a plaintiff to amend or amend a claim in a motion to amend? (MultiRegion, United States of America)
Is a motion to amend and dismiss an amended complaint without leave to amend? (MultiRegion, United States of America)
Is a government entity entitled to sovereign immunity under the Eleventh Amendment? (MultiRegion, United States of America)
Is a party immune from action under the Eleventh Amendment? (MultiRegion, United States of America)
