Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139 (1993). · Go Syfert
Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139 (1993). Cases Citing This Book View Copy Cite
Quick Summary

An order denying a claim of Eleventh Amendment immunity is immediately appealable under the collateral order doctrine.

A state entity moved to dismiss a breach of contract action on the grounds of Eleventh Amendment immunity. The district court denied the motion, finding the entity could raise its own funds to satisfy obligations. The court of appeals dismissed the subsequent appeal for lack of jurisdiction. The Supreme Court holds that a district court order denying a claim of Eleventh Amendment immunity is immediately appealable under the collateral order doctrine. Because such a claim involves a fundamental constitutional protection that is effectively lost if the case proceeds to trial, the order conclusively determines a disputed question separate from the merits and is effectively unreviewable on appeal from a final judgment.

4,897 citation events (3,686 in the last 25 years) across 142 distinct courts.
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Cited for
At page 146 Defining the scope of sovereign immunity under the Eleventh Amendment524 citing cases“does not permit judgments against state officers declaring that they violated federal law in the past.”154 citing courts quote it · also cited as 113 S. Ct. at 689 · 216 listed here · 1 cautionary
  • CSX Transp., Inc. v. Bd. of Pub. Works, 997 F. Supp. 749 (S.D. W. Va. 1997).published Cited "but see" · 3 cites
    (recognizing “the [Ex parte Young ] exception is narrow: It applies only to prospective relief, [and] does not permit judgments against state officers declaring that they violated federal law in the past)
  • Arthur Miller v. Creek Cnty. Child Support Off., Et Al., No. 5:25-cv-01438 (W.D. Okla. Sept. 3, 2026).
    (Dismissal on sovereign immunity grounds…must be without prejudice.)
  • Thornell, No. 4:25-cv-00622 (D. Ariz. Apr. 14, 2026).
    (The type of prospective relief permitted . . . is relief intended to 26 prevent a continuing violation of federal law.)
  • Geo Grp., Inc. v. Menocal, No. 24-758, 2026 WL 513536 (U.S. Feb. 25, 2026).published 3 cites
    See Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc., 506 U. S. 139, 144 (1993) (“Once it is established that” a State is “immune from suit in federal court, it follows that the elements of the Cohen collateral order doctri…
  • Flash v. State of Connecticut, No. 3:24-cv-01965 (D. Conn. Sept. 12, 2025).
    (The doctrine of Ex parte Young ... has no application in suits against the States and their agencies, which are barred regardless of the relief sought[.])
  • Monica Drasovean v. Steven Walts, 917 S.E.2d 518 (Va. Ct. App. 2025).published
    (The Amendment is rooted in a recognition that the States, although a union, maintain certain attributes of sovereignty, including sovereign immunity.)
  • Gassesse v. Univ. of Connecticut, No. 3:23-cv-00661 (D. Conn. May 9, 2025).
    (First, Plaintiff seeks this injunction directly against the OEC and not against any individual defendant. This alone defeats his argument that Ex parte Young allows the relief sought.)
  • Britt v. Chief Pub. Def. Off., No. 3:24-cv-01584 (D. Conn. Apr. 25, 2025).
    (The doctrine of Ex parte Young . . . has no application in suits against the States and their agencies, which are barred regardless of the relief sought[.])
  • Golbert v. Smith, No. 1:23-cv-00300 (N.D. Ill. Mar. 31, 2025).
    (The Amendment is rooted in a recognition that the States, although a union, maintain certain attributes of sovereignty, including sovereign immunity.)
  • Honn v. Indiana Dep't of Child Servs., No. 1:24-cv-00259 (N.D. Ind. Mar. 4, 2025).
    ([T]he Board of Trustees [of Purdue University] is a political arm of the state which is immune to suit. [Plaintiff] did not name the individual members of the Board of Trustees, in their official or individual capaciti…)
Show 206 more citing cases
At page 144 State sovereign immunity and collateral order doctrine application425 citing cases“absent waiver, neither a state nor agencies acting under its control may be subject to suit in federal court.”36 citing courts quote it · also cited as 113 S. Ct. at 688 · 213 listed here
  • Geo Grp., Inc. v. Menocal, No. 24-758, 2026 WL 513536 (U.S. Feb. 25, 2026).published 3 cites
    (Once it is established that” a State is “immune from suit in federal court, it follows that the elements of the Cohen collateral order doctrine are satisfied)
  • Khufu v. State of Delaware, No. 1:23-cv-00493 (D. Del. July 31, 2025).
    (Absent waiver, neither a State nor agencies acting under its control may ‘be subject to suit in federal court.’)
  • Kelley v. West Virginia Univ., No. 1:24-cv-00079 (N.D. W. Va. July 3, 2025).
    ([A] State and its ‘arms’ are, in effect, immune from suit in federal court.)
  • Harvey v. Delaware Dep't of Corr., No. 1:25-cv-00035 (D. Del. May 22, 2025).
    (Absent waiver, neither a State nor agencies acting under its control may ‘be subject to suit in federal court.’)
  • Andrew Podems v. Union Cnty. Child Support Enf't Unit, No. 24-1811 (3d Cir. Apr. 3, 2025).unpublished
    (Absent waiver, neither a State nor agencies acting under its control may ‘be subject to suit in federal court’ under the Eleventh Amendment)
  • David Murray v. Michael Ostrowski, No. 23-2901 (3d Cir. Jan. 2, 2025).unpublished
    (Absent waiver, neither a State nor agencies acting under its control may ‘be subject to suit in federal court’ under the Eleventh Amendment)
  • Martin v. Kentucky Registry of Election Fin., No. 3:24-cv-00047 (E.D. Ky. July 10, 2024).
    (Absent waiver, neither a State nor agencies acting under its control may be subject to suit in federal court.)
  • Angela Singleton v. Maryland Tech. & Dev. Corp., 103 F.4th 1042 (4th Cir. 2024).published
    ([A] State and its ‘arms’ are, in effect, immune from suit in federal court)
  • (PC) Baltierra v. Warden - North Kern State Prison, No. 1:21-cv-01723 (E.D. Cal. Mar. 4, 2024).
    (Absent waiver, neither a State nor agencies 7 under its control may ‘be subject to suit in federal court.’)
  • (PC) Mooney v. Macias-Carrillo, No. 1:21-cv-00377 (E.D. Cal. Jan. 19, 2024).
    (Absent waiver, neither a State nor agencies 25 under its control may ‘be subject to suit in federal court.’)
Show 203 more citing casesLoad the other 87
At page 147 Allowing appeal of order denying sovereign immunity99 citing cases“states and state entities that claim to be 'arms of the state' may take advantage of the collateral order doctrine to appeal a district court order denying a claim of eleventh amendment immunity.”29 citing courts quote it · 93 listed here
Show 83 more citing casesLoad the other 78
At page 141 Determining appealability of denial of state immunity35 citing casesWe possess jurisdiction under the collateral order doctrine to review a denial of Eleventh Amendment immunity, in that such a ruling is deemed a final decision under 28 U.S.C. § 1291 .1 citing court put it this way · 34 listed here
Show 24 more citing casesLoad the other 18
At page 145 Immunity's value diminishing as litigation proceeds past motion practice33 citing cases[T]he value to the States of their 24 Eleventh Amendment immunity . . . is for the most part lost as litigation proceeds past 25 motion practice.2 citing courts put it this way
  • Greenaway, No. 2:25-cv-02202 (E.D. Pa. Mar. 4, 2026).
    (suits seeking prospective, but not compensatory or other retrospective relief, may be brought against state officials in federal court challenging the constitutionality of official conduct enforcing state law.)
  • Campos v. Arizona Bd. of Regents, No. 2:24-cv-00987 (D. Ariz. Sept. 22, 2025). 2 cites
    ([T]he value to the States of their 24 Eleventh Amendment immunity . . . is for the most part lost as litigation proceeds past 25 motion practice.)
  • Planned Parenthood v. Phillips, 24 F.4th 442 (5th Cir. 2022).published 6 cites
    See Metcalf & Eddy, 506 U.S. at 144 (“This withdrawal of jurisdiction effectively confers an immunity from suit.”); see also id. (“Once it is established that a State . . . [is] immune from suit . . . .”).
  • Planned Parenthood v. Phillips, 5 F.4th 568 (5th Cir. 2021).published 6 cites
    See Metcalf & Eddy, 506 U.S. at 144 (“This withdrawal of jurisdiction effectively confers an immunity from suit.”); see also id. (“Once it is established that a State . . . [is] immune from suit . . . .”).
  • Bd. of Regents v. Boston Sci. Corp., No. 18-1700 (Fed. Cir. Sept. 5, 2019).published
  • Centro de Periodismo Investigativo, Inc. v. FOMB, 35 F.4th 1 (1st Cir. 2022).published
  • Behrens v. Pelletier, 516 U.S. 299 (1996).published
  • Varner, Iris I. v. IL State Univ., No. 97-3253 (7th Cir. Sept. 6, 2000).published
  • Koslow v. Comm of PA, No. 01-2782 (3d Cir. Aug. 21, 2002).published
  • Gov't of the Virgin Islands v. Hodge, 359 F.3d 312 (3d Cir. 2004).published
Show 23 more citing casesLoad the other 17
At page 142 Determining finality for appellate jurisdiction under section 129131 citing casesThe Eleventh Amendment extends immunity not only to a state, but also to entities considered 'arms of the state.'10 citing courts put it this way
  • Hone, No. 9:26-cv-01076 (N.D.N.Y. Aug. 17, 2026).
    (To the extent that a state official is sued for damages in his official capacity, such a suit is deemed to be a suit against the state, and the official is entitled to invoke the Eleventh Amendment immunity belonging t…)
  • Wells, No. 9:25-cv-01535 (N.D.N.Y. Jan. 13, 2026).
    (The Eleventh Amendment extends immunity not only to a state, but also to entities considered 'arms of the state.')
  • Beaman, No. 9:25-cv-01402 (N.D.N.Y. Oct. 31, 2025).
    (The Eleventh Amendment extends immunity not only to a state, but also to entities considered 'arms of the state.')
  • Kurtz v. The State of New York, No. 9:24-cv-00073 (N.D.N.Y. July 19, 2024).
    (The Eleventh Amendment extends immunity not only to a state, but also to entities considered 'arms of the state.')
  • Baptiste v. New York State Dep't of Corr. & Cmty. Supervision, No. 9:22-cv-01326 (N.D.N.Y. Feb. 23, 2023).
    (The Eleventh Amendment extends immunity not only to a state, but also to entities considered 'arms of the state.')
  • Malek v. New York State Unified Court Sys., No. 1:21-cv-01230 (N.D.N.Y. Sept. 9, 2022).
    (The Eleventh Amendment extends immunity not only to a state, but also to entities considered 'arms of the state.')
  • Malek v. New York State Unified Court Sys., No. 1:22-cv-05416 (E.D.N.Y. Sept. 9, 2022).
    (The Eleventh Amendment extends immunity not only to a state, but also to entities considered 'arms of the state.')
  • Thompson v. New York State Corr. & Cmty. Supervision, No. 9:22-cv-00289 (N.D.N.Y. June 14, 2022).
    (The Eleventh Amendment extends immunity not only to a state, but also to entities considered 'arms of the state.')
  • Rella v. New York State Off. of Mental Health, No. 6:19-cv-00723 (N.D.N.Y. Jan. 20, 2022).
    (The Eleventh Amendment extends immunity not only to a state, but also to entities considered ‘arms of the state.’)
  • Bd. of Regents v. Boston Sci. Corp., No. 18-1700 (Fed. Cir. Sept. 5, 2019).published
Show 21 more citing casesLoad the other 15
At page 143 Determining immediate appealability of immunity orders26 citing cases[A]bsent immediate appeal, the central benefits of qualified immunity – avoiding the costs and general consequences of subjecting public officials to the risks of discovery and trial – would be forfeited.2 citing courts put it this way · 25 listed here
Show 15 more citing casesLoad the other 10
113 S. Ct. at 687 Eleventh amendment immunity barring suit in federal court10 citing casesAbsent waiver, neither a State nor agencies acting under its control may 'be subject to suit in federal court.' " (citation omitted)2 citing courts put it this way · 9 listed here
At page 150 Distinguishing eleventh amendment immunity from liability defenses3 citing casesStevens, dissenting1 citing court put it this way
Quoted next to this citation, but not language from this opinion
“Once it is established that a State . . . [is] immune from suit . . . .”quoted beside the cite; not in this opinion · 2 citing cases listed
  • Planned Parenthood v. Phillips, 24 F.4th 442 (5th Cir. 2022).published 6 cites
    “Once it is established that a State . . . [is] immune from suit . . . .”
  • Planned Parenthood v. Phillips, 5 F.4th 568 (5th Cir. 2021).published 6 cites
    “Once it is established that a State . . . [is] immune from suit . . . .”
Retrieving the full opinion text from the archive…
Puerto Rico Aqueduct and Sewer Authority
v.
Metcalf & Eddy, Inc.
91-1010.
Supreme Court of the United States.
Jan 12, 1993.
Published opinion
506 U.S. 139
1993 U.S. LEXIS 830
93 Cal. Daily Op. Serv. 224
Richard Taranto argued the cause for petitioner. With him on the briefs were Perry M. Rosen, Paige E. Reffe, and Michael T. Brady., Peter W. Sipkins argued the cause for respondent. With him on the brief were Michael J. Wahoske, Paul R. Dieseth, Carol A. Peterson, and Jay A. Garcia-Gregory*
Blackmun, O'Connor, Rehnquist, Stevens, White.
Cited by 2,074 opinions  |  Published
27 passages pin-cited by 44 cases
Pinpoint authority: #998 of 633,719
Citer courts: Third Circuit (19) · Second Circuit (15) · Fourth Circuit (12) · Eleventh Circuit (6) · Sixth Circuit (6) · Seventh Circuit (6) · Federal Circuit (6)

Lead Opinion

[*141] Justice White

delivered the opinion of the Court.

The question before the Court is whether a district court order denying a claim by a State or a state entity to Eleventh Amendment immunity from suit in federal court may be appealed under the collateral order doctrine of Cohen v. Beneficial Industrial Loan Corp., 337 U. S. 541 (1949). We conclude that it may.

I

Petitioner, the Puerto Rico Aqueduct and Sewer Authority (PRASA), is “an autonomous government instrumentality” which functions to “provide to the inhabitants of Puerto Rico an adequate drinking water, sanitary sewage service and any other service or facility proper or incidental thereto.” P. R. Laws Ann., Tit. 22, §§ 142,144 (1987). In 1985, PRASA entered into a consent decree with the federal Environmental Protection Agency under which it agreed to upgrade many of its wastewater treatment plants to ensure compliance with the federal Clean Water Act. PRASA subsequently contracted with respondent, a private engineering firm incorporated in Delaware, to assist it with this task. In 1990, PRASA withheld payments on the contract in light of alleged overcharging by respondent. Respondent brought a diversity action in the United States District Court for the District of Puerto Rico, alleging breach of contract and damage to its business reputation.

PRASA moved to dismiss on the grounds that it was an “arm of the State,” and that the Eleventh Amendment therefore prohibited the suit.[1] The District Court found that[*142] petitioner did not qualify for immunity “because of its ability to raise funds for payment of its contractual obligations which do not affect the Commonwealth’s funds” and denied the motion. App. to Pet. for Cert. A-9. PRASA filed a timely notice of appeal to the Court of Appeals for the First Circuit and sought to stay proceedings while the appeal was pending. The court denied the stay and subsequently dismissed the appeal for want of jurisdiction, 945 F. 2d 10, 14 (1991), concluding that First Circuit precedent barred both States and their agencies from taking an immediate appeal on a claim of Eleventh Amendment immunity. Id., at 12 (discussing Libby v. Marshall, 833 F. 2d 402 (CA1 1987)).

In light of the conflict between the decision below and those of the other Courts of Appeals that have considered the issue, we granted certiorari.[2] 503 U. S. 918 (1992).

H — I

Title 28 U. S. C. § 1291 provides for appeal from “final decisions of the district courts.” Appeal is thereby precluded “from any decision which is tentative, informal or incomplete,” as well as from any “fully consummated decisions, where they are but steps towards final judgment in which they will merge.” Cohen v. Beneficial Industrial Loan Corp., 337 U. S., at 546. Nevertheless, a judgment that is[*143] not the complete and final judgment in a case will be immediately appealable if it

“fall[s] in that small class which finally determine claims of right separable from, and collateral to, rights asserted in the action, too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated.” Ibid.

Thus, in Cohen itself, the Court held that appeal could be taken from a district court order denying the defendant’s motion to compel the plaintiffs in a shareholder derivative suit to post a bond. The Court found the order appealable because it “did not make any step toward final disposition of the merits of the case and [would] not be merged in final judgment” and because, after final judgment, it would “be too late effectively to review the present order, and the rights conferred by the [bond] statute, if it is applicable, will have been lost.” Ibid.

The Court has held that orders denying individual officials’ claims of absolute and qualified immunity are among those that fall within the ambit of Cohen. See Nixon v. Fitzgerald, 457 U. S. 731 (1982); Mitchell v. Forsyth, 472 U. S. 511 (1985). Mitchell bears particularly on the present case. There, the Attorney General of the United States appealed from a District Court order denying his motion to dismiss on grounds of qualified immunity.[3] The Court of Appeals held that the order was not appealable and remanded the case for trial. We reversed, holding that the order denying qualified immunity was a collateral order immediately appealable under Cohen. We found that, absent immediate appeal, the central benefits of qualified immunity — avoiding the costs and general consequences of subjecting public officials to the[*144] risks of discovery and trial — would be forfeited, much as the benefit of the bond requirement would have been forfeited in Cohen. “The entitlement is an immunity from suit rather than a mere defense to liability; and like an absolute immunity, it is effectively lost if a case is erroneously permitted to go to trial.” Mitchell, supra, at 526 (emphasis in original).

Petitioner maintains, and we agree, that the same rationale ought to apply to claims of Eleventh Amendment immunity made by States and state entities possessing a claim to share in that immunity. Under the terms of the Amendment, “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State . . . .” This withdrawal of jurisdiction effectively confers an immunity from suit. Thus, “this Court has consistently held that an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another State.” Edelman v. Jordan, 415 U. S. 651, 662-663 (1974). Absent waiver, neither a State nor agencies acting under its control may “be subject to suit in federal court.” Welch v. Texas Dept. of Highways and Public Transportation, 483 U. S. 468, 480 (1987) (plurality opinion); see also Will v. Michigan Dept. of State Police, 491 U. S. 58, 66 (1989); Cory v. White, 457 U. S. 85, 90-91 (1982); Alabama v. Pugh, 438 U. S. 781 (1978) (per curiam); Mt. Healthy City Bd. of Ed. v. Doyle, 429 U. S. 274, 280 (1977).

Once it is established that a State and its “arms” are, in effect, immune from suit in federal court, it follows that the elements of the Cohen collateral order doctrine are satisfied. “To come within the ‘small class’ of . . . Cohen, the order must [1] conclusively determine the disputed question, [2] resolve an important issue completely separate from the merits of the action, and [3] be effectively unreviewable on appeal from a final judgment.” Coopers & Lybrand v.[*145] Livesay, 437 U. S. 463, 468 (1978) (footnote omitted). Denials of States’ and state entities’ claims to Eleventh Amendment immunity purport to be conclusive determinations that they have no right not to be sued in federal court. Moreover, a motion by a State or its agents to dismiss on Eleventh Amendment grounds involves a claim to a fundamental constitutional protection, cf. Lauro Lines s.r.l. v. Chasser, 490 U. S. 495, 502-503 (1989) (Scalia, J., concurring), whose resolution generally will have no bearing on the merits of the underlying action. Finally, the value to the States of their Eleventh Amendment immunity, like the benefit conferred by qualified immunity to individual officials, is for the most part lost as litigation proceeds past motion practice.[4]

Respondent, following the rationale of the First Circuit in this case and in Libby v. Marshall, 833 F. 2d 402 (1987), maintains that the Eleventh Amendment does not confer immunity from suit, but merely a defense to liability. Were this true, petitioner arguably would not be entitled to avail itself of the collateral order doctrine. See, e. g., Van Cauwenberghe v. Biard, 486 U. S. 517, 526-527 (1988). Support for this narrow view of the Eleventh Amendment is drawn mainly from Ex parte Young, 209 U. S. 123 (1908), under which suits seeking prospective, but not compensatory or other retrospective relief, may be brought against state officials in federal court challenging the constitutionality of official conduct enforcing state law.

[*146] The doctrine of Ex parte Young, which ensures that state officials do not employ the Eleventh Amendment as a means of avoiding compliance with federal law, is regarded as carving out a necessary exception to Eleventh Amendment immunity. See, e. g., Green v. Mansour, 474 U. S. 64, 68 (1985). Moreover, the exception is narrow: It applies only to prospective relief, does not permit judgments against state officers declaring that they violated federal law in the past, id., at 73, and has no application in suits against the States and their agencies, which are barred regardless of the relief sought, Cory v. White, supra. Rather than defining the nature of Eleventh Amendment immunity, Young and its progeny render the Amendment wholly inapplicable to a certain class of suits. Such suits are deemed to be against officials and not the States or their agencies, which retain their immunity against all suits in federal court.

More generally, respondent’s claim that the Eleventh Amendment confers only protection from liability misunderstands the role of the Amendment in our system of federalism: “The very object and purpose of the 11th Amendment were to prevent the indignity of subjecting a State to the coercive process of judicial tribunals at the instance of private parties.” In re Ayers, 123 U. S. 443, 505 (1887). The Amendment is rooted in a recognition that the States, although a union, maintain certain attributes of sovereignty, including sovereign immunity. See Hans v. Louisiana, 134 U. S. 1, 13 (1890). It thus accords the States the respect owed them as members of the federation. While application of the collateral order doctrine in this type of case is justified in part by a concern that States not be unduly burdened by litigation, its ultimate justification is the importance of ensuring that the States’ dignitary interests can be fully vindicated.[5]

[*147] Respondent argues in the alternative that a distinction should be drawn between cases in which the determination of a State or state agency’s claim to Eleventh Amendment immunity is bound up with factual complexities whose resolution requires trial and cases in which it is not. See Tr. of Oral Arg. 30-32; cf. Dube v. State University of New York, 900 F. 2d 587, 594 (CA2 1990) (immediate appeal will lie where immunity can be found as a matter of law), cert. denied, 501 U. S. 1211 (1991). On this view, for example, an order denying a motion to dismiss a suit against a named State would be immediately appealable, whereas the same order, when issued in a suit which presents difficult factual questions as to whether an agency is an “arm of the State,” would not. We see little basis for drawing such a line. See Mitchell v. Forsyth, 472 U. S., at 527-529, and n. 10. In any event, it does not appear to us that the determination of PRASA’s status under the Eleventh Amendment implicates any extraordinary factual difficulty and the issue of its entitlement to immunity can be fully explored in the Court of Appeals on remand.

m

We hold that States and state entities that claim to be “arms of the State” may take advantage of the collateral order doctrine to appeal a district court order denying a claim of Eleventh Amendment immunity. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

1

As the case comes to us, the law of the First Circuit — that the Commonwealth of Puerto Rico is treated as a State for purposes of the Eleventh Amendment, see Ramirez v. Puerto Rico Fire Serv., 715 F. 2d 694, 697 (1983)-is not challenged here, and we express no view on this mat[*142]ter. Because the Court of Appeals dismissed the appeal on jurisdictional grounds, it did “not consider the merits of PRASA's Eleventh Amendment defense and [took] no view as to whether PRASA is actually entitled to the claimed immunity.” 945 F. 2d 10, 14, n. 6 (CA1 1991). We likewise express no view on the merits of the immunity claim.

2

See Dube v. State University of New York, 900 F. 2d 587, 594 (CA2 1990), cert. denied, 501 U. S. 1211 (1991); Coakley v. Welch, 877 F 2d 304, 306 (CA4), cert. denied, 493 U. S. 976 (1989); Chrissy F. v. Mississippi Dept. of Pub. Welfare, 925 F 2d 844, 848-849 (CA5 1991); Kroll v. Board of Trustees of University of Illinois, 934 F. 2d 904, 906 (CA7), cert. denied, 502 U. S. 941 (1991); Barnes v. Missouri, 960 F. 2d 63, 64 (CA8 1992) (per curiam); Durning v. Citibank, N. A., 950 F. 2d 1419, 1422 (CA9 1991); Schopler v. Bliss, 903 F 2d 1373, 1377 (CA11 1990) (per curiam).

3

The District Court also denied absolute immunity. This order was held appealable by the Court of Appeals and was affirmed, as it was by us. Mitchell v. Forsyth, 472 U. S., at 520.

4

The result reached today was largely anticipated by Ex parte New York, 256 U. S. 490 (1921). There, private citizens brought an in rem libel action in Federal District Court against ships chartered and operated by New York State. New York moved to dismiss on the ground that the action was in the nature of an in personam proceeding and was thus barred by the Eleventh Amendment. When the District Court denied the motion, the State applied to the Court for a writ of prohibition. Although noting that the State’s interest could be pressed on appeal, id., at 497, the Court issued the extraordinary writ in order to vindicate fully the "fundamental” constitutional rule that a State may not be sued in federal court without its consent, id., at 497, 503.

5

For this reason, the First Circuit’s attempt to distinguish Mitchell v. Forsyth, 472 U. S. 511 (1985), on the grounds that the States, as compared to individual officials, are better able to bear the burden of litigation,[*147] fails. See Libby v. Marshall, 833 F. 2d 402, 406 (1987). The Eleventh Amendment is concerned not only with the States’ ability to withstand suit, but with their privilege not to be sued.

Concurrence

Justice Blackmun,

concurring.

I join the Court’s opinion but write separately to make plain once again my position on one feature. I continue to[*148] believe that the Court’s interpretation of the Eleventh Amendment as embodying a broad principle of state immunity from suit in federal court “simply cannot be reconciled with the federal system envisioned by our Basic Document and its Amendments.” Atascadero State Hospital v. Scanlon, 473 U. S. 234, 303 (1985) (Blackmun, J., dissenting). Nevertheless, because I believe that the Eleventh Amendment does preserve a State’s immunity from suit in the limited context of an action by a citizen of another State or of a foreign country on a state-law cause of action brought in federal court, id., at 301 (Brennan, J., dissenting), a claim of immunity under the Eleventh Amendment ought to be appealable immediately. Whether the assertion of an Eleventh Amendment claim is well founded — a matter not before us in this case, see ante, at 141-142, n. 1-is a question separate from the question whether the Eleventh Amendment interests are “too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated.” Cohen v. Beneficial Industrial Loan Corp., 337 U. S. 541, 546 (1949). Because I believe that the Eleventh Amendment does guarantee immunity from suit in a narrow class of cases, I concur in the Court’s opinion and judgment that, regardless of the merits, a district court’s denial of a claim of immunity under the Eleventh Amendment should be appealable immediately. See Sullivan v. Finkelstein, 496 U. S. 617, 632 (1990) (opinion concurring in judgment).

Dissent

Justice Stevens,

dissenting.

This case arises out of a commercial dispute between respondent, a private engineering firm, and the Puerto Rico Aqueduct and Sewer Authority (PRASA or Authority). The parties entered into a multimillion dollar contract providing for the construction of extensive improvements to Puerto Rico’s wastewater treatment facilities. Respondent brought suit in the Federal District Court for the District of[*149] Puerto Rico alleging breach of contract. The Authority filed a motion to dismiss, claiming that the action was barred by the Eleventh Amendment. The District Court concluded that the claim had no merit and denied the motion to dismiss. The Court of Appeals dismissed PRASA’s appeal from that order because it was not final within the meaning of 28 U. S. C. § 1291.

If the Authority were a private litigant engaged in a commercial dispute, it would be perfectly clear that the dismissal of its appeal was required by our precedents. For the denial of a motion to dismiss on jurisdictional grounds — a motion that asserts that the defendant cannot be sued in a particular forum — is not a final order within the meaning of §1291. Van Cauwenberghe v. Biard, 486 U. S. 517, 526-527 (1988); Catlin v. United States, 324 U. S. 229, 236 (1945). In this case, PRASA makes the same assertion — namely, that it may not be sued in a federal forum, but rather must be sued in another court. Brief for Petitioner 4-5.

Nonetheless, despite our decisions in Biard and Catlin, the Court holds that when a State or state entity claiming to be an “arm of the State” asserts that it cannot be sued in a federal forum because of the Eleventh Amendment, the “final decision” rule must give way and the claim must be subject to immediate appellate review. The Court reasons that such a claim is analogous to a government official’s claim of absolute or qualified immunity, which we have held is subject to interlocutory appeal. Nixon v. Fitzgerald, 457 U. S. 731 (1982); Mitchell v. Forsyth, 472 U. S. 511 (1985). I cannot agree.

The defense of absolute or qualified immunity is designed to shield government officials from liability for their official conduct. In the absence of such a defense, we have held, “officials would hesitate to exercise their discretion in a way injuriously affecting the claims of particular individuals even when the public interest required bold and unhesitating action.” Nixon v. Fitzgerald, 457 U. S., at 744-745 (internal[*150] quotation marks and citation omitted). Because the specter of a long and contentious legal proceeding in and of itself would inhibit government officials from exercising their authority with the freedom and independence necessary to serve the public interest, we have held that claims of absolute or qualified immunity are subject to immediate appeal. Id., at 742-743; Mitchell v. Forsyth, 472 U. S., at 526-527.

While the Eleventh Amendment defense available to States and state entities is often labeled an “immunity,” that label is virtually all that it has in common with the defense of absolute or qualified immunity. In contrast to the latter, a defense based on the Eleventh Amendment, even when the Amendment is read at its broadest, does not contend that the State or state entity is shielded from liability for its conduct, but only that the federal courts are without jurisdiction over claims against the State or state entity. See ante, at 144. Nothing in the Eleventh Amendment bars respondent from seeking recovery in a different forum. Indeed, as noted above, petitioner acknowledges that it is not seeking immunity for its conduct, but merely that the suit be brought in the courts of the Commonwealth of Puerto Rico. Brief for Petitioner 4-5.

Plainly, then, the interests underlying our decisions allowing immediate appeal of claims of absolute or qualified immunity do not apply when the so-called “immunity” is one based on the Eleventh Amendment. Whether petitioner must bear the burden, expense, and distraction of litigation stemming from its contractual dispute with respondent has nothing whatsoever to do with the Eleventh Amendment; the Eleventh Amendment only determines where, or more precisely, where not, that suit may be brought.* Because the Amendment goes to the jurisdiction of the federal court, as opposed to the underlying liability of the State or state en[*151]tity, Biard and Catlin, not Nixon and Mitchell, are the relevant precedent for determining whether PRASA’s claim is subject to interlocutory appeal.

If indeed the interests underlying our decisions permitting immediate appeal of claims of absolute or qualified immunity do not apply to a State or state entity’s objection to federal jurisdiction on Eleventh Amendment grounds, what then is driving the Court to hold that PRASA’s claim under the Eleventh Amendment is subject to immediate appeal? The Court tells us, ante, at 146: “[The] ultimate justification is the importance of ensuring that the States’ dignitary interests can be fully vindicated.” Whereas a private litigant must suffer through litigation in a federal tribunal despite his claim that the court lacks jurisdiction, e. g., Biard and Catlin, a State or state entity must be protected from the “indignity” of having to present its case — as to both the court’s jurisdiction and the underlying merits — in the neutral forum of a federal district court.

I find that rationale to be embarrassingly insufficient. The mandate of § 1291 that appellate jurisdiction be limited to “final decisions of the district courts” is not predicated upon “mer[e] technical conceptions of ‘finality,’” Catlin, 324 U. S., at 233, but serves important interests concerning the fair and efficient administration of justice. The “final decision” rule preserves the independence of the trial judge and conserves the judicial resources that are necessarily expended by piecemeal appeals. Moreover, and of particular relevance to this case, it serves an important “fairness” purpose by preventing “the obstruction to just claims that would come from permitting the harassment and cost of a succession of separate appeals from the various rulings to which a litigation may give rise . . . .” Firestone Tire & Rubber Co. v. Risjord, 449 U. S. 368, 374 (1981) (internal quotation marks and citation omitted). Sacrificing those interests in the name of preserving the freedom and independence that government officials need to carry out their official du[*152]ties is one thing; doing so out of concern for the “dignitary” interest of a State or, in this case, a state aqueduct and sewer authority, is quite another.

For me, the balance of interests is easy. The cost to the courts and the parties of permitting piecemeal litigation of this sort clearly outweighs whatever benefit to their “dignity” States or state entities might derive by having their Eleventh Amendment claims subject to immediate appellate review. I would therefore hold, as did the court below, that the denial of a motion to dismiss on Eleventh Amendment grounds is not subj ect to immediate appellate review. Accordingly, I respectfully dissent.

Not surprisingly, we have expressly characterized the Eleventh Amendment defense, albeit in a different context, as “partak[ing] . . . of a jurisdictional bar.” Edelman v. Jordan, 415 U. S. 651, 678 (1974).