The following excerpt is from Micomonaco v. State of Wash., 45 F.3d 316 (9th Cir. 1995):
Whether a state is immune from suit under the Eleventh Amendment is a question of law and is reviewed de novo. BV Eng'g v. University of Cal., Los Angeles, 858 F.2d 1394, 1395 (9th Cir.1988), cert. denied, 489 U.S. 1090, 109 S.Ct. 1557, 103 L.Ed.2d 859 (1989).
The Eleventh Amendment provides:
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