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.
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.”
- CSX Transp., Inc. v. Bd. of Pub. Works, 997 F. Supp. 749 (S.D. W. Va. 1997).published (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 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
- Phillips v. Henderson, No. 2:24-cv-00594 (D. Nev. Sept. 22, 2024).([T]he Supreme Court announced that Ex parte Young allows prospective relief 20 against state officers only to vindicate rights under federal law.)
- Sanders 146274 v. Arizona, State of, No. 2:24-cv-00750 (D. Ariz. June 28, 2024).(The type of prospective relief permitted under Young is relief intended to prevent 6 a continuing violation of federal law.)
- Gainsburg v. The Florida Bar, No. 0:23-cv-61877 (S.D. Fla. June 13, 2024).([W]hen the state is the named party defendant the prospective injunctive relief/monetary damages distinction provides no basis for concluding Eleventh Amendment immunity does not apply.)
- Medina v. Thornell, No. 2:24-cv-00097 (D. Ariz. June 5, 2024).(The type of prospective relief permitted . . . is relief 11 intended to prevent a continuing violation of federal law.)
- Benjamin Kohn v. State Bar of California, 87 F.4th 1021 (9th Cir. 2023).published Aqueduct & Sewer Auth., 506 U.S. at 144 (“Absent waiver, neither a State nor agencies acting under its control may ‘be subject to suit in federal court.’”); Alden, 527 U.S. at 756 .
- Dillow v. Virginia Polytechnic Inst. & State Univ., No. 7:22-cv-00280 (W.D. Va. Mar. 2, 2023).([A]bsent abrogation of sovereign immunity or consent from [the state], McCray cannot seek injunctive or monetary relief from [either state agency].)
- Fleming v. Rivard, No. 3:22-cv-00210 (E.D. Va. July 28, 2022).(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.)
- In the Matter of M.M., No. 21-2924 (2d Cir. May 18, 2022).unpublished([A] plaintiff seeking prospective relief from the state must name as defendant a state official rather than the state or a state agency directly.)
- Green Haven Prison Preparative Meeting of the Religious Soc'y of Friends v. New York State Dep't of Corr. & Cmty. Supervision, No. 7:18-cv-08497 (S.D.N.Y. Mar. 28, 2022).(DOCCS cannot be sued under . . . § 1983. As a general rule, the Eleventh Amendment bars lawsuits against states for money damages or injunctive relief unless the state has waived or Congress has abrogated the state’s E…)
- Day v. New Jersey Dep't of Corr., No. 1:21-cv-09986, 2022 WL 170855 (D.N.J. Jan. 19, 2022).(The DOC is quintessentially an arm of the state and is funded by, controlled by, and accountable to the state.)
- Das v. State of NC, No. 3:23-cv-00514 (W.D.N.C. Jan. 8, 2024).
- Muslim v. Sagamore Child.'s Psychiatric Ctr., No. 2:22-cv-07850, 2024 WL 3431959 (E.D.N.Y. July 15, 2024).
- Ademiluyi v. Albright, No. 8:23-cv-03526 (D. Md. Mar. 10, 2025).
- Ademiluyi v. Albright, No. 8:23-cv-03526 (D. Md. Mar. 18, 2025).
- Daly v. Mason, 752 F. Supp. 3d 346 (D. Mass. 2024).published
- Rahul Malhotra v. Univ. of Illinois at Urbana, 77 F.4th 532 (7th Cir. 2023).published
- Calhoun v. Collier, 78 F.4th 846 (5th Cir. 2023).published
- Calhoun v. Collier, No. 22-50634 (5th Cir. Aug. 31, 2023).published
- Bythewood v. State of New York, No. 22-2542 (2d Cir. Sept. 21, 2023).unpublished
- Haynes v. Turner Bass & Assoc., No. 23-40290 (5th Cir. Jan. 11, 2024).unpublished
- Kevin Cichowski v. Andrea Totten, No. 24-10195, 2024 WL 2182487 (11th Cir. May 15, 2024).unpublished
- Thornsberry v. Granville, No. 2:24-cv-00086 (E.D. Ark. May 14, 2024).
- Hill v. Arkansas Dep't of Corr., No. 4:24-cv-00441 (E.D. Ark. May 30, 2024).
- Williams v. Quiros, No. 3:22-cv-01367 (D. Conn. July 19, 2023).
- Silva v. Delflorio, No. 3:22-cv-00532 (D. Conn. July 25, 2023).
- Rahim v. Martin, No. 3:23-cv-00298, 2023 WL 4745536 (D. Conn. July 25, 2023).
- Quint v. Robinson, No. 3:23-cv-00226 (D. Conn. July 28, 2023).
- Petion v. Pearson, No. 3:22-cv-01647 (D. Conn. Sept. 15, 2023).
- Williams v. Mulligan, No. 3:23-cv-00725 (D. Conn. Nov. 29, 2023).
- Wright v. Quiros, No. 3:23-cv-00949 (D. Conn. Jan. 29, 2024).
- Cavanaugh v. Geballe, No. 3:20-cv-00981 (D. Conn. Mar. 11, 2024).
- Nelson v. Lanphaer, No. 3:24-cv-00007 (D. Conn. Apr. 24, 2024).
- Griffin v. Barroga, No. 3:23-cv-01590 (D. Conn. June 6, 2024).
- Watkins v. The Commonwealth of Kentucky, No. 1:23-cv-00088 (W.D. Ky. Oct. 26, 2023).
- Lillacalenia v. City of Louisville, No. 3:24-cv-00121 (W.D. Ky. May 2, 2024).
- Lillacalenia v. State of Kentucky, No. 3:24-cv-00139 (W.D. Ky. May 2, 2024).
- Brown v. Kentucky Dep't of Corr., No. 3:23-cv-00677 (W.D. Ky. May 13, 2024).
- Morgan v. Commonwealth of Kentucky, No. 3:23-cv-00594 (W.D. Ky. June 7, 2024).
- Griffin v. Univ. of Maine Sys., No. 2:22-cv-00212 (D. Me. Aug. 16, 2023).
- Brown v. Ludeman, No. 0:11-cv-02859 (D. Minn. July 7, 2023).
- Larson v. Walz, No. 0:23-cv-03664 (D. Minn. June 12, 2024).
- Garner v. Doe-1, No. 4:24-cv-00300 (E.D. Mo. May 23, 2024).
- Olson v. Missoula Field Off., No. 9:23-cv-00038 (D. Mont. Oct. 24, 2023).
- Georges v. Fioire, No. 2:20-cv-13561 (D.N.J. July 6, 2023).
- Georges v. Galdhi, No. 2:23-cv-05168 (D.N.J. Apr. 17, 2024).
- Felix v. Cnty. of Nassau, No. 2:21-cv-00676 (E.D.N.Y. Sept. 12, 2023).
- Rashid v. O'Neill-Levy, No. 1:23-cv-02670 (S.D.N.Y. Feb. 20, 2024).
- Constantino-Gleason v. State of New York Unified Court Sys., No. 6:21-cv-06327 (W.D.N.Y. June 16, 2023).
- Neal El v. Pugh, No. 3:22-cv-01183 (N.D. Ohio Aug. 17, 2023).
- Williams-El v. State of Ohio, No. 3:23-cv-01420 (N.D. Ohio Nov. 17, 2023).
- Williams v. Parikh, 708 F. Supp. 3d 1345 (S.D. Ohio 2023).published
- Stokes v. Campbell, No. 5:22-cv-02681 (E.D. Pa. Aug. 29, 2023).
- Tigue v. Pennsylvania State Police, No. 3:23-cv-00130 (M.D. Pa. Oct. 30, 2023).
- Clemente Props., Inc. v. Pierluisi, 693 F. Supp. 3d 215 (D.P.R. 2023).published
- Mark McEvoy v. Diversified Energy Co. PLC, 111 F.4th 330 (4th Cir. 2024).published
- Wisdom Ministries v. Garrett, No. 23-5098 (10th Cir. Aug. 13, 2024).unpublished
- Cummings v. Cummins Unit, No. 4:24-cv-00699 (E.D. Ark. Oct. 8, 2024).
- MacIntyre v. Supreme Court of Colorado, The, No. 1:23-cv-01765 (D. Colo. Sept. 27, 2024).
- Saintcy v. Florida Dep't of Revenue Child Support Prog., No. 0:24-cv-60288 (S.D. Fla. Sept. 23, 2024).
- Doe v. Univ. Of Idaho, No. 1:23-cv-00409 (D. Idaho Sept. 26, 2024).
- Jackson v. Mason, No. 2:23-cv-02464, 2024 WL 3695293 (D. Kan. Aug. 7, 2024).
- Tyner v. The State of Maryland, No. 1:23-cv-01474 (D. Md. Aug. 21, 2024).
- Voss 637658 v. Rewerts, No. 1:24-cv-00990 (W.D. Mich. Oct. 22, 2024).
- Filyaw v. Corsi, No. 4:24-cv-03108 (D. Neb. Sept. 9, 2024).
- Goodykoontz v. State Of Ohio, No. 1:24-cv-00145 (S.D. Ohio Sept. 16, 2024).
- Harr v. Buczak, No. 2:21-cv-01555, 2024 WL 4064139 (W.D. Pa. Sept. 5, 2024).
- Roldan-Cruz v. Commonwealth of Puerto Rico, No. 3:24-cv-01101 (D.P.R. July 18, 2024).
- Niter v. Brown, No. 3:23-cv-01621 (N.D. Tex. Sept. 25, 2024).
- Anand v. Commonwealth of Virginia, No. 1:23-cv-00087 (E.D. Va. Nov. 3, 2023).
- Holloman v. Virginia Dep't of Corr., No. 7:23-cv-00256 (W.D. Va. June 23, 2023).
- Dillow v. Virginia Polytechnic Inst. & State Univ., No. 7:22-cv-00280 (W.D. Va. Sept. 12, 2023).
- Holloman v. Div. of Risk Mgmt., No. 7:23-cv-00545 (W.D. Va. Nov. 27, 2023).
- Holloman v. Div. of Risk Mgmt., No. 7:23-cv-00458 (W.D. Va. Dec. 1, 2023).
- Carter v. Collins, No. 7:22-cv-00025, 2024 WL 1260588 (W.D. Va. Mar. 25, 2024).
- Carter v. Williams, No. 7:22-cv-00502 (W.D. Va. Mar. 28, 2024).
- Roman v. Farm Credit Admin., No. 7:23-cv-00749 (W.D. Va. May 22, 2024).
- Alice Peck Day Mem'l Hosp. v. Smith, No. 2:21-cv-00102 (D. Vt. June 23, 2023).
- PLH Vineyard Sky LLC v. Vermont Pub. Util. Comm'n, No. 2:23-cv-00154 (D. Vt. Mar. 12, 2024).
- Gill v. Teigen, No. 2:23-cv-00256 (E.D. Wis. Aug. 3, 2023).
- Gill v. Woelfel, No. 2:23-cv-00423 (E.D. Wis. Nov. 13, 2023).
- Natcone v. Wisconsin Dep't of Corr., No. 2:23-cv-01430 (E.D. Wis. Nov. 20, 2023).
- Anderson v. Kocienda, No. 3:24-cv-01437 (D. Conn. Nov. 7, 2024).
- Hunter v. Pennsylvania Dep't of Corr., No. 3:24-cv-01870 (M.D. Pa. Nov. 8, 2024).
- Good v. United States Dep't of Educ., 121 F.4th 772 (10th Cir. 2024).published
- Nelson v. Frahs, No. 1:22-cv-00068 (D. Idaho Dec. 2, 2024).
- Parker v. Univ. of Alabama Police Dep't, 759 F. Supp. 3d 1193 (N.D. Ala. 2024).published
- Lesane v. Bell, No. 5:24-cv-00564 (E.D.N.C. Dec. 10, 2024).
- Saidi v. Commonwealth of Pennsylvania, No. 2:24-cv-04170 (E.D. Pa. Dec. 13, 2024).
- Cordova v. Long, No. 1:23-cv-00081 (D. Colo. Aug. 12, 2024).
- Saintcy v. Florida Dep't of Revenue Child Support Prog., No. 0:24-cv-60288 (S.D. Fla. Aug. 23, 2024).
- DiDonna v. Koza, No. 3:24-cv-01080 (M.D. Pa. Sept. 17, 2024).
- Hernandez Caruso v. Texas Med. Bd., No. 1:24-cv-00217 (W.D. Tex. Oct. 22, 2024).
- Fantel v. State of Florida, No. 8:24-cv-01829 (M.D. Fla. Oct. 18, 2024).
- Shai v. Hall of Just., No. 3:24-cv-00523 (W.D. Ky. Jan. 2, 2025).
- Adams v. Commonwealth of Pennsylvania, Dep't of Corr., No. 3:23-cv-01344 (M.D. Pa. Jan. 13, 2025).
- Edwards v. Ennis, No. 1:23-cv-00298 (W.D. Pa. Jan. 15, 2025).
- Alford v. Paxton, No. 4:24-cv-01679 (S.D. Tex. Feb. 3, 2025).
- Williams v. Attorney Gen. State of Louisiana, No. 2:24-cv-01554 (E.D. La. Feb. 4, 2025).
- Harmon v. Goodwin, No. 3:24-cv-00047 (W.D. Ky. Feb. 10, 2025).
- Gillow, Jr. v. The Pennsylvania Dep't of Transportaion, No. 3:23-cv-00521 (M.D. Pa. Feb. 11, 2025).
- Baltas v. Snyder, No. 3:24-cv-01487, 2025 WL 509423 (D. Conn. Feb. 14, 2025).
- Roman v. M & T Bank, No. 2:23-cv-00308 (W.D. Pa. Feb. 24, 2025).
- Smith v. Bullit Co CHFS, No. 3:24-cv-00170 (W.D. Ky. Feb. 26, 2025).
- Melvin v. City of New York, No. 1:24-cv-04118 (S.D.N.Y. Mar. 4, 2025).
- Carter v. Maine State Police, No. 1:24-cv-00187 (D. Me. Mar. 10, 2025).
- Puderer v. Myers, No. 1:21-cv-01707 (W.D. La. Mar. 11, 2025).
- Jefferson Par. Firefighters Ass'n v. Louisiana Bd. of Ethics, No. 2:24-cv-02139 (E.D. La. Apr. 15, 2025).
- Davis v. Pasco Cnty. State Attorney Off., No. 8:24-cv-02907 (M.D. Fla. Mar. 17, 2025).
- Wang v. Quiros, No. 3:24-cv-00989 (D. Conn. Apr. 18, 2025).
- Pan v. City of Niagara Falls, No. 23-7513-cv, 2025 WL 1169057 (2d Cir. Apr. 22, 2025).unpublished
- Haynie v. NYS Child Support Enf't Agency, No. 1:25-cv-00306 (N.D.N.Y. Apr. 23, 2025).
- Tashawn Hunter v. Pennsylvania Dep't of Corr., No. 24-3182 (3d Cir. Apr. 28, 2025).unpublished
- Johnson v. State of Connecticut, No. 3:24-cv-00728 (D. Conn. Apr. 29, 2025).
- Lettieri v. New York State Police, No. 3:23-cv-01547 (N.D.N.Y. May 6, 2025).
- Walker v. Rosa, No. 1:24-cv-01171 (N.D.N.Y. May 6, 2025).
- Jenner & Block LLP v. U.S. Dep't of Just., No. 2025-0916 (D.D.C. May 23, 2025).published
- Sec'y of Labor v. Indus. TurnAround Corp., 138 F.4th 1339 (D.C. Cir. 2025).published
- Susman Godfrey LLP v. Exec. Off. of the President, No. 2025-1107 (D.D.C. June 27, 2025).published
- Spurling v. Metro. Life Ins. Co., No. 2:24-cv-00614, 2025 WL 1840669 (S.D. W. Va. July 3, 2025).
- Jordan II v. City of Dallas, No. 3:22-cv-01173 (N.D. Tex. July 3, 2025).
- Olivencia v. Brewer, No. 3:25-cv-00535 (D. Conn. July 16, 2025).
- Foley v. Harry, No. 1:24-cv-00322 (W.D. Pa. July 21, 2025).
- McNeil v. Van Houten, No. 3:25-cv-00725 (N.D.N.Y. July 22, 2025).
- Davis v. Banks, No. 6:24-cv-00330 (E.D. Okla. July 1, 2025).
- Madeline Krasno v. Jennifer Mnookin, 148 F.4th 465 (7th Cir. 2025).published
- Riccio v. Examsoft Worldwide, Inc., 794 F. Supp. 3d 73 (D. Conn. 2025).published
- Felgemacher v. Carney, No. 1:25-cv-00128, 2025 WL 2261251 (W.D.N.Y. Aug. 6, 2025).
- Ute Indian Tribe of the Uintah & Ouray Reservation v. Ure, No. 2:23-cv-00295 (D. Utah Aug. 8, 2025).
- Cox v. New York State, No. 1:25-cv-03976 (S.D.N.Y. Aug. 13, 2025).
- Huston v. SUNY at Albany, No. 1:24-cv-01461 (N.D.N.Y. Aug. 20, 2025).
- Sibley v. Watches, No. 24-855 (2d Cir. Aug. 26, 2025).unpublished
- Gillian Filyaw v. Steve Corsi, 150 F.4th 936 (8th Cir. 2025).published
- Duman v. Wigand, No. 0:25-cv-61151 (S.D. Fla. July 28, 2025).
- Ewing v. Uconn Health, No. 3:25-cv-00178 (D. Conn. Sept. 12, 2025).
- Andaluz-Prado v. ADC, No. 3:25-cv-00147 (E.D. Ark. Sept. 16, 2025).
- Catalyst Campus for Tech. & Innovation v. Brown, No. 1:24-cv-00059 (D. Utah Sept. 30, 2025).
- Trepania v. Pelky, No. 2:25-cv-01053 (E.D. Wis. Oct. 1, 2025).
- Stephens v. Culclager, No. 4:25-cv-00881 (E.D. Ark. Oct. 6, 2025).
- Evans v. Johnson Cnty. Dist. Attorney, No. 5:25-cv-03156 (D. Kan. Oct. 8, 2025).
- Rogers v. Luther Luckettl, No. 3:25-cv-00513 (W.D. Ky. Oct. 9, 2025).
- Ryder, No. 3:25-cv-00792 (M.D. Pa. Oct. 29, 2025).
- Panarello, No. 2:25-cv-03754 (E.D.N.Y. Nov. 13, 2025).
- Fraccola, No. 6:25-cv-00034 (N.D.N.Y. Nov. 19, 2025).
- Reynolds-El, No. 3:25-cv-00951 (D. Conn. Dec. 3, 2025).
- Crenshaw, No. 3:25-cv-00479 (D. Conn. Dec. 8, 2025).
- Martino, No. 8:25-cv-00521 (M.D. Fla. Nov. 14, 2025).
- Petre v. Am. Motorist Ins. Co., No. 25-1362-cv (2d Cir. Dec. 23, 2025).unpublished
- Garrison, No. 3:24-cv-01614 (N.D. Ohio Dec. 31, 2025).
- Walls-Bey, No. 5:25-cv-00201 (W.D. Ky. Jan. 9, 2026).
- Lewis, No. 0:25-cv-62642 (S.D. Fla. Dec. 29, 2025).
- Raven, No. 1:25-cv-01624 (N.D.N.Y. Feb. 2, 2026).
- Kaseen, No. 2:23-cv-00416 (D. Vt. Jan. 9, 2026).
- Hoid, No. 1:25-cv-00189 (D. Idaho Feb. 9, 2026).
- Waldrop, No. 1:25-cv-01194 (D. Colo. Feb. 10, 2026).
- Goodenow, No. 2:26-cv-02005 (D. Kan. Jan. 27, 2026).
- Matagi, No. 2:25-cv-00628 (D. Utah Feb. 11, 2026).
- Zesiger, No. 2:25-cv-02354 (D. Kan. Mar. 17, 2026).
- Sean T. Wright v. 15th Dist. Palm Beach Cnty. State Attorney's Off., No. 25-12737 (11th Cir. Apr. 1, 2026).unpublished
- Ewing, No. 3:25-cv-00178 (D. Conn. Apr. 2, 2026).
- Riley-Cornutt, No. 2:23-cv-00454 (N.D. Ala. Apr. 9, 2026).
- Robert Walker v. Brett Michael Waronicki, No. 25-11213 (11th Cir. Apr. 16, 2026).unpublished
- McAlister, No. 5:26-cv-03046 (D. Kan. Apr. 7, 2026).
- Foy, No. 2:25-cv-00329 (N.D. Ala. Apr. 27, 2026).
- Shaw, No. 3:26-cv-00042 (W.D. Ky. May 22, 2026).
- Lopez v. Ramirez, No. 25-40170 (5th Cir. May 27, 2026).unpublished
- McAlister, No. 5:26-cv-03046 (D. Kan. May 20, 2026).
- Navarro, No. 7:25-cv-00789 (W.D. Va. June 17, 2026).
- Mandarin Matrix Ltd., a Hong Kong Co., & Mandarin Matrix, Inc., a Delaware Corp. v. Utah State Bd. of Educ., a Utah State Agency, Karl Bowman, in his individual & Off. capacities, Stacy Lyon, in her individual & Off. capacities, Yu Jayne Young, in her individual & Off. capacities, & John & Jane Does 1–10, in their individual & Off. capacities, No. 2:25-cv-01067 (D. Utah June 18, 2026).
- Moreno, No. 3:25-cv-00603 (D. Conn. June 30, 2026).
- Ferrell, No. 3:24-cv-00213 (E.D. Ark. June 10, 2026).
- Strathmore Ins. Co., et al. v. Meriden Homestead II, LLC, et al., No. 3:25-cv-01554 (D. Conn. July 17, 2026).
- Michael Wayne Bradford v. State of Tennessee, No. 2:25-cv-02873 (W.D. Tenn. June 16, 2026).
- Lettieri, No. 3:23-cv-01547 (N.D.N.Y. July 15, 2026).
- Hasani Jackson v. Florida Dep't of Revenue Child Support Prog., & Timothy Sierra, in his Off. capacity, No. 8:26-cv-01339 (M.D. Fla. June 11, 2026).
- Brault, No. 3:23-cv-00696 (D. Conn. July 30, 2026).
- P.Y.N.N., No. 1:24-cv-00508 (W.D.N.Y. July 24, 2026).
- Rust, No. 3:26-cv-00424 (W.D. Ky. Aug. 7, 2026).
- Garanin, No. 1:25-cv-01959 (E.D.N.Y. July 21, 2026).
- Goff, No. 4:26-cv-01427 (S.D. Tex. July 27, 2026).
- Press, No. 1:25-cv-02972 (D. Md. Aug. 6, 2026).
- Bradley, No. 5:26-cv-01225 (N.D. Ohio Aug. 13, 2026).
- Gregory Johnson v. Dep't of Corr., et al., No. 3:25-cv-01308 (D. Conn. Aug. 20, 2026).
- Timothee, No. 3:25-cv-00359 (M.D. Fla. Aug. 26, 2026).
- Shaw, No. 3:26-cv-00258 (W.D. Ky. Aug. 31, 2026).
- Charles Golbert v. Marc Smith, No. 25-2235 (7th Cir. Sept. 8, 2026).published
- Donna De La Torre, Alex Rector, Mattie Ruth, Christine Dinottia, Melissa Webster, Jason Webster, Douglas Fennessy, & Nancy Fennessy v. Erdle Perforating Co., LLC, New York State Dep't of Env't Conservation, & Falcon Indus., LLC, No. 6:25-cv-06449 (W.D.N.Y. Sept. 10, 2026).
- Taddei, No. 2:25-cv-00303 (E.D. Pa. Sept. 14, 2026).
- Nash, No. 4:24-cv-03103 (D. Neb. Sept. 18, 2026).
- Scott, No. 2:24-cv-06077 (E.D. Pa. Sept. 23, 2026).
- Perry, No. 3:26-cv-00334 (W.D. Ky. Sept. 25, 2026).
- Carroll, No. 3:25-cv-01671 (D. Conn. Sept. 25, 2026).
- Jackson v. Wright, 82 F.4th 362 (5th Cir. 2023).published
- Pendergrass v. Greater New Orleans Expressway Comm'n, 144 F.3d 342 (5th Cir. 1998).published“The [Eleventh] Amendment is rooted in a recognition that. the States, although a union, maintain certain attributes of sovereignty, including sovereign immunity.”
- United States ex rel. Stevens v. Vermont Agency of Nat. Resources, 162 F.3d 195 (2d Cir. 1998).published“[The Amendment] accords the States the respect owed them as members of the federation.”
- Florida v. United States, 133 F. Supp. 2d 1280 (N.D. Fla. 2001).published“The Amendment is rooted in a recognition that the States, although a union, maintain certain attributes of sovereignty, including sovereign immunity”
- We, Inc. v. City of Philadelphia, 174 F.3d 322 (3d Cir. 1999).published“the very object and purpose of the 11th Amendment [are] to prevent the indignity of subjecting a State to the coercive process of judicial tribunals at the instance of private parties”
- Brotherton v. Cleveland, 908 F. Supp. 502 (S.D. Ohio 1995).published“‘the very object and purpose of the Eleventh Amendment [are] to prevent the indignity of subjecting a State to the coercive process of judicial tribunals at the instance of private parties.’”
- In Re Flonase Antitrust Litig., 879 F.3d 61 (3d Cir. 2017).published“The Amendment is rooted in a recognition that the States, although a union, maintain certain attributes of sovereignty, including sovereign immunity,”
- Peirick v. Indiana Univ.-Purdue Univ. Indianapolis Athletics Dep't, 510 F.3d 681 (7th Cir. 2007).published“[t]he doctrine of Ex parte Young ... has no application in suits against the States and their agencies, which are barred regardless of the relief sought”
- Barbara U. Uberoi v. Supreme Court of Florida, 819 F.3d 1311 (11th Cir. 2016).published“[The exception] has no application in suits against the States and their agencies, which are barred regardless of the relief sought.”
- Froebel v. Meyer, 13 F. Supp. 2d 843 (E.D. Wis. 1998).published“... [Ex parte Young ] has no application in suits against the States and their agencies, which are barred regardless of the relief sought...”
- Thorpe v. Virginia State Univ., 6 F. Supp. 2d 507 (E.D. Va. 1998).published“The [Eleventh] Amendment is rooted in a recognition that the States, although a union, maintain certain attributes of sovereignty, including sovereign immunity.”
- In Re Christie, 218 B.R. 27 (Bankr. D.N.J. 1998).published“[t]he very object and purpose of the Eleventh Amendment was to prevent the indignity of subjecting a State to the coercive process of judicial tribunals at the instance of private parties.”
- Grimshaw v. South Florida Water Mgmt. Dist., 195 F. Supp. 2d 1358 (S.D. Fla. 2002).published“The Amendment is rooted in a recognition that the States, although a union, maintain certain attributes of sovereignty, including sovereign immunity.”
- Kylie Amison v. Socrates Dimitriadis, No. 23-1385 (4th Cir. Dec. 28, 2023).unpublished
- Kylie Amison v. George Mason Univ., No. 23-1042, 2023 WL 8946774 (4th Cir. Dec. 28, 2023).unpublished
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.”
- Geo Grp., Inc. v. Menocal, No. 24-758, 2026 WL 513536 (U.S. Feb. 25, 2026).published (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 cases
- Benjamin Kohn v. State Bar of California, 87 F.4th 1021 (9th Cir. 2023).published (Absent waiver, neither a State nor agencies acting under its control may ‘be subject to suit in federal court.’)
- Brad Rush v. City of Philadelphia, 78 F.4th 610 (3d Cir. 2023).published(when qualified immunity depends on disputed issues of fact, those issues must be determined by the jury)
- Anthony McNair v. Gov't of North Carolina, No. 21-7065 (D.C. Cir. Mar. 28, 2022).unpublished(Absent waiver, neither a State nor agencies acting under its control may ‘be subject to suit in federal court.’)
- Planned Parenthood v. Phillips, 24 F.4th 442 (5th Cir. 2022).published (This withdrawal of jurisdiction effectively confers an immunity from suit.)
- Planned Parenthood v. Phillips, 5 F.4th 568 (5th Cir. 2021).published (This withdrawal of jurisdiction effectively confers an immunity from suit.)
- Williams v. Pelletier, No. 2:23-cv-02149 (D.S.C. Mar. 12, 2024).
- Coomer v. Make Your Life Epic, 98 F.4th 1320 (10th Cir. 2024).published
- Valde-Cruz v. Russo, No. 7:20-cv-09240, 2024 WL 809903 (S.D.N.Y. Feb. 27, 2024).
- Eig Energy Fund Xiv, L.P. v. Petroleo Brasileiro S.A, No. 2016-0333 (D.D.C. Oct. 26, 2022).published
- Williams v. Davis, No. 22-30181, 2023 WL 119452 (5th Cir. Jan. 6, 2023).unpublished
- Indus. Servs. Grp., Inc. v. Josh Dobson, 68 F.4th 155 (4th Cir. 2023).published
- Walton v. City of Verona, 82 F.4th 314 (5th Cir. 2023).published
- Alexi Ortiz v. Michael Higgs, No. 23-1102 (4th Cir. Nov. 29, 2023).unpublished
- Alo v. Ramos, No. 1:23-cv-00663 (E.D. Cal. June 29, 2023).
- (PS) Mogadem v. State Bar of CA, No. 2:23-cv-00981 (E.D. Cal. Oct. 24, 2023).
- Mi Familia Vota v. Ogg, 105 F.4th 313 (5th Cir. 2024).published
- Dulcio v. Env't Prot. Agency, No. 9:22-cv-81908 (S.D. Fla. May 17, 2023).
- Greer v. State of Hawaii, No. 1:22-cv-00286 (D. Haw. Oct. 7, 2022).
- Friedberg v. Betts, No. 1:21-cv-00068 (D. Haw. Nov. 28, 2022).
- Kakalia v. United States Gov't, No. 1:22-cv-00390 (D. Haw. Feb. 28, 2023).
- Perreira v. Adult Client Servs. Branch, State of Hawaii Judiciary, No. 1:23-cv-00066 (D. Haw. Aug. 31, 2023).
- Yellen v. State of Hawaii, No. 1:23-cv-00390 (D. Haw. Apr. 2, 2024).
- Spriestersbach v. State of Hawaii, No. 1:21-cv-00456 (D. Haw. Mar. 15, 2024).
- Vernon v. Illinois Dep't of Corr., The, No. 1:21-cv-06463 (N.D. Ill. Sept. 14, 2023).
- Durham v. Green, No. 0:22-cv-00114 (E.D. Ky. Sept. 26, 2023).
- Trubiano v. Munson, No. 2:24-cv-00078 (E.D. Ky. May 13, 2024).
- Burgess v. Nelson, No. 5:22-cv-00087 (W.D. Ky. May 18, 2023).
- Williams v. KYDOC Comm'r Cookie Crews, No. 5:22-cv-00128 (W.D. Ky. May 23, 2023).
- Asbell v. Kentucky Dep't of Corr., No. 3:23-cv-00113 (W.D. Ky. July 24, 2023).
- Burke v. Luther Luckett Corr. Complex, No. 3:23-cv-00219 (W.D. Ky. Sept. 11, 2023).
- Grooms v. Ballard Cnty. Det. Ctr., No. 5:23-cv-00118 (W.D. Ky. Dec. 12, 2023).
- Weathers v. Commonwealth of KY, No. 3:24-cv-00036 (W.D. Ky. Feb. 15, 2024).
- Hart v. Dep't of Corr. Kentucky, No. 4:24-cv-00034 (W.D. Ky. May 17, 2024).
- Bowman v. Dennis, No. 1:24-cv-00074 (W.D. Ky. June 7, 2024).
- Disedare v. Brumfield, No. 2:22-cv-02680 (E.D. La. Apr. 8, 2024).
- Mukulukusso v. Doogan, No. 4:23-cv-11096 (D. Mass. Nov. 16, 2023).
- Nakanwagi v. Exec. Off. of the Trial Court, No. 1:23-cv-10533 (D. Mass. Jan. 3, 2024).
- Wilson v. The Massachusetts Dep't of Child. & Families, No. 1:24-cv-11442 (D. Mass. June 14, 2024).
- Purnell v. Converse, No. 1:21-cv-03202, 2022 WL 17552552 (D. Md. Dec. 9, 2022).
- Forrest v. Baltimore City, Maryland: Baltimore Police Dep't, No. 1:22-cv-03220 (D. Md. June 6, 2023).
- Parson v. Barney, No. 0:12-cv-00646 (D. Minn. Aug. 24, 2023).
- Wheeler v. City of Townsend, No. 6:22-cv-00091 (D. Mont. Dec. 16, 2022).
- Silver-Sky v. State of Montana, No. 6:23-cv-00003 (D. Mont. Mar. 6, 2023).
- Redstar v. State of Montana, No. 1:23-cv-00030 (D. Mont. June 14, 2023).
- Parker v. Great Falls Police Dep't, No. 4:23-cv-00056 (D. Mont. Nov. 21, 2023).
- Hubbard v. State of Montana, No. 1:23-cv-00127 (D. Mont. Jan. 19, 2024).
- Chesterman v. State of Montana, No. 1:24-cv-00027 (D. Mont. May 3, 2024).
- Chesterman v. Bd. of Pardons & Parole, No. 4:24-cv-00018 (D. Mont. June 11, 2024).
- Gibson v. North Carolina Off. of Emergency Med. Servs., No. 5:24-cv-00029 (E.D.N.C. June 14, 2024).
- Das v. State of NC, No. 3:23-cv-00514 (W.D.N.C. Jan. 8, 2024).
- Doe v. The Univ. of North Carolina Sys., No. 1:23-cv-00041 (W.D.N.C. Apr. 10, 2024).
- Rowe v. The State of Nevada, No. 2:22-cv-00014 (D. Nev. Mar. 17, 2023).
- Penn v. C.O. Eash, No. 1:22-cv-00262 (S.D. Ohio Oct. 19, 2022).
- Elkins v. Franklin Med. Ctr., No. 2:22-cv-03705 (S.D. Ohio Oct. 25, 2022).
- Sims v. Dep't of Rehab. & Corr., No. 2:22-cv-04357 (S.D. Ohio Mar. 16, 2023).
- Bushner v. Szoke, No. 2:23-cv-03623 (S.D. Ohio Dec. 8, 2023).
- Holmes v. Ohio Dep't of Rehab. & Corr., No. 2:23-cv-03147 (S.D. Ohio Nov. 30, 2023).
- Bocook v. Dr. Eddy, No. 2:23-cv-03481 (S.D. Ohio Jan. 17, 2024).
- Bey v. Smith, No. 2:23-cv-02601 (S.D. Ohio Feb. 7, 2024).
- Cromartie v. Hale, No. 2:23-cv-01802 (S.D. Ohio Feb. 6, 2024).
- Smith v. Oppy, No. 2:24-cv-00681 (S.D. Ohio Mar. 14, 2024).
- Taper v. Tabor, No. 1:24-cv-00159 (S.D. Ohio June 6, 2024).
- Oregon Mfrs. & Com. v. Oregon Occupational Saf. & Health Div., No. 1:22-cv-00875 (D. Or. Dec. 20, 2022).
- Bondick v. Mitchell Sanchez, No. 6:22-cv-00722 (D. Or. Jan. 30, 2023).
- Adeyinka v. Sherman Cnty., No. 3:23-cv-01371 (D. Or. Sept. 28, 2023).
- Barnhouse v. TRCI, No. 2:23-cv-01066 (D. Or. May 6, 2024).
- Cease v. Henry, No. 5:22-cv-05015 (D.S.D. Aug. 18, 2023).
- In Re: State of Montana Dep't of Revenue v. Timothy L. Blixseth, 112 F.4th 837 (9th Cir. 2024).published
- In Re: Terrorist Attacks on September 11, 2001, 117 F.4th 13 (2d Cir. 2024).published
- Mitchell Garraway v. Jacquiline Ciufo, 113 F.4th 1210 (9th Cir. 2024).published
- M.H. v. Magni Hamso, No. 23-35485 (9th Cir. Sept. 6, 2024).unpublished
- Menocal v. GEO Grp., No. 22-1409 (10th Cir. Oct. 22, 2024).unpublished
- Spriestersbach v. State of Hawaii, No. 1:21-cv-00456 (D. Haw. July 19, 2024).
- Ormond v. Harm, No. 6:23-cv-00176 (E.D. Ky. July 15, 2024).
- Denny v. Hawkens, No. 5:24-cv-00195 (E.D. Ky. Aug. 12, 2024).
- Martin v. Kentucky Registry of Election Fin., No. 3:24-cv-00051 (E.D. Ky. Aug. 13, 2024).
- Martin v. Kentucky Educ. Television, No. 3:24-cv-00050 (E.D. Ky. Sept. 6, 2024).
- Vanwinkle v. Sgt Sizemore, No. 5:24-cv-00032 (E.D. Ky. Oct. 30, 2024).
- O'Bannon v. K.C.P.C., No. 3:24-cv-00331 (W.D. Ky. Oct. 23, 2024).
- Butler v. Prince Georges Cnty., Maryland, No. 8:22-cv-01768 (D. Md. Mar. 29, 2024).
- Reeves v. Maryland Dep't of Transp., Motor Veh. Admin., No. 8:23-cv-02017 (D. Md. July 1, 2024).
- Turner v. Wright, No. 1:22-cv-00476 (D. Md. Sept. 26, 2024).
- Jackson v. Maryland Dep't of Pub. Saf. & Corr. Servs. Inc, No. 1:22-cv-02444 (D. Md. Sept. 25, 2024).
- Moment v. Enter. Car Rental Corp., No. 8:23-cv-03505 (D. Md. Sept. 30, 2024).
- Chesterman v. START Prog., No. 6:23-cv-00066 (D. Mont. June 25, 2024).
- Gotschall v. State of Montana, No. 1:24-cv-00067 (D. Mont. Sept. 9, 2024).
- Doall v. New York State Unified Court Sys., No. 2:23-cv-00364 (E.D.N.Y. July 2, 2024).
- Muslim v. Sagamore Child.'s Psychiatric Ctr., No. 2:22-cv-07850, 2024 WL 3431959 (E.D.N.Y. July 15, 2024).
- Dawkins v. State Univ. of New York at Cortland, No. 5:23-cv-01163 (N.D.N.Y. July 11, 2024).
- Feaster v. Sammons, No. 1:23-cv-00098 (S.D. Ohio July 24, 2024).
- Phillips v. Chambers-Smith, No. 2:24-cv-03900 (S.D. Ohio Oct. 1, 2024).
- Corbett v. Texas Tech Univ. Health Sciences Ctr., No. 5:21-cv-00281 (N.D. Tex. July 10, 2023).
- Hodges v. Univ. of Texas Sw. Med. Sch., No. 3:22-cv-02583 (N.D. Tex. Sept. 29, 2023).
- McCollum v. Texas Dep't Of Crim. Just., No. 5:23-cv-00404 (W.D. Tex. June 29, 2023).
- Johnson v. Steel, No. 5:23-cv-00229 (W.D. Tex. Oct. 2, 2023).
- Washington v. State Bar of Texas, No. 1:23-cv-00526 (W.D. Tex. Jan. 25, 2024).
- Rowland v. Andresen, No. 2:23-cv-00280 (D. Utah Jan. 30, 2024).
- Brown v. Griggs, No. 1:22-cv-00091 (D. Utah May 17, 2024).
- Grant Anderson v. Dep't of Pub. Saf. & Corr., No. 24-1339, 2024 WL 4814882 (4th Cir. Nov. 18, 2024).unpublished
- Preziosi v. Child. & Fam. Servs., No. 5:23-cv-01097 (W.D. La. Dec. 12, 2024).
- Hawk v. State of Montana, No. 9:24-cv-00164 (D. Mont. Dec. 17, 2024).
- Parker v. Williamson Cnty. Dist. Court, No. 5:24-cv-01218 (W.D. Tex. Nov. 8, 2024).
- Morrison v. Montana Dep't of Just., No. 1:24-cv-00129 (D. Mont. Dec. 23, 2024).
- Jeffrey-Steven of the House of Jarrett v. State of Hawaii, No. 1:24-cv-00040 (D. Haw. Dec. 30, 2024).
- Sarafin v. Hawaii Pub. Hous. Auth., No. 1:24-cv-00066 (D. Haw. Dec. 30, 2024).
- Freeman v. Warden, Ross Corr. Inst., No. 2:24-cv-03886 (S.D. Ohio Jan. 2, 2025).
- Kimbro v. Oklahoma House of Representatives, No. 5:22-cv-01003 (W.D. Okla. Jan. 16, 2025).
- O'Bannon v. K.C.P.C., No. 3:24-cv-00573 (W.D. Ky. Jan. 17, 2025).
- Traylor v. Gary, No. 0:24-cv-03758 (D. Minn. Jan. 23, 2025).
- Schoene v. Oregon Dep't of Human Servs., No. 3:23-cv-00742 (D. Or. Jan. 24, 2025).
- Lawson v. Univ. of Hawaii, No. 1:24-cv-00172 (D. Haw. Jan. 31, 2025).
- Ademiluyi v. Albright, No. 8:23-cv-03526 (D. Md. Mar. 10, 2025).
- Ademiluyi v. Albright, No. 8:23-cv-03526 (D. Md. Mar. 18, 2025).
- Gray v. Laws, 51 F.3d 426 (4th Cir. 1995).published“[A] State and its ‘arms’ are, in effect, immune from suit in federal court.”
- Kylie Amison v. Socrates Dimitriadis, No. 23-1385 (4th Cir. Dec. 28, 2023).unpublished“[A] State and its ‘arms’ are, in effect, immune from suit in federal court.”
- Kylie Amison v. George Mason Univ., No. 23-1042, 2023 WL 8946774 (4th Cir. Dec. 28, 2023).unpublished“[A] State and its ‘arms’ are, in effect, immune from suit in federal court.”
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.”
- Campos v. Arizona Bd. of Regents, No. 2:24-cv-00987 (D. Ariz. Sept. 22, 2025). Metcalf & Eddy, Inc., 506 U.S. at 145 (“[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.”); Mitchell, 472 U.S. at 526 (holding that, in the co…
- SC Dept of Parks, Rec. & Tourism v. Google LLC, 103 F.4th 287 (4th Cir. 2024).published(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.)
- Elizabeth Fryberger v. Univ. of Arkansas, No. 16-4505 (8th Cir. May 2, 2018).published
- Bell Atl.-Pennsylvania, Inc. v. The Pennsylvania Pub. Util. Comm'n, 273 F.3d 337 (3d Cir. 2001).published
- Bell Atl PA v. PA Pub Util Comm, No. 00-2619 (3d Cir. Nov. 7, 2001).
- Glover & Pridemore v. Hryniewich, 438 F. Supp. 3d 625 (E.D. Va. 2020).published
- WhatsApp Inc. v. NSO Grp. Tech. Ltd., 491 F. Supp. 3d 584 (N.D. Cal. 2020).published
- Earles v. State Bd of CPAs, No. 97-30159 (5th Cir. Sept. 10, 1998).published
- Frazar v. Hawkins, No. 00-41112 (5th Cir. July 2, 2004).published
- McCarthy Ex Rel. Travis v. Hawkins, 381 F.3d 407 (5th Cir. 2004).published
Show 83 more citing cases
- United Disaster Resp v. Omni Pinnacle LLC, No. 07-30348 (5th Cir. Jan. 16, 2008).published
- Summit Med. Assocs., P.C. v. Pryor, 180 F.3d 1326 (11th Cir. 1999).published
- Tennessee Student Assistance Corp. v. Hood, 541 U.S. 440 (2004).published
- Alabama v. North Carolina, 560 U.S. 330 (2010).published
- Jackson v. Wright, 82 F.4th 362 (5th Cir. 2023).published
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 .
- Frederick Allen v. Joshua Stein, 165 F.4th 272 (4th Cir. 2026).published(We 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 .)
- Planned Parenthood v. Phillips, 24 F.4th 442 (5th Cir. 2022).published 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 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 . . . .”).
- Simmons v. TX Dept Cr Just., No. 01-40503 (5th Cir. Mar. 22, 2002).unpublished
- Todd Monroe v. AR State Univ., etc., No. 06-3519 (8th Cir. July 26, 2007).published
- Michael Weaver v. Madison City Bd. of Educ., No. 13-14624 (11th Cir. Nov. 4, 2014).published
- State of Alaska v. Eeoc, 508 F.3d 476 (9th Cir. 2007).published
- Elizabeth Fryberger v. Univ. of Arkansas, No. 16-4505 (8th Cir. May 2, 2018).published
- Bd. of Regents v. Boston Sci. Corp., No. 18-1700 (Fed. Cir. Sept. 5, 2019).published
- David Glover v. The City of Norfolk, 836 F. App'x 139 (4th Cir. 2020).unpublished
Show 24 more citing cases
- TX Democratic Party v. Hughs, 997 F.3d 288 (5th Cir. 2021).published
- Venoco, LLC v., 998 F.3d 94 (3d Cir. 2021).published
- Haverkamp v. Linthicum, 6 F.4th 662 (5th Cir. 2021).published
- Doe v. Shibinette, 16 F.4th 894 (1st Cir. 2021).published
- Centro de Periodismo Investigativo, Inc. v. FOMB, 35 F.4th 1 (1st Cir. 2022).published
- Williams v. Pelletier, No. 2:23-cv-02149 (D.S.C. Mar. 12, 2024).
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.
- 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). ([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 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 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 cases
- R. Morales-Vasquez v. PA DOC, No. 253 M.D. 2019 (Pa. Commw. Ct. July 28, 2020).unpublished
- Brum v. Town of Dartmouth, 704 N.E.2d 1147 (Mass. 1999).published
- Kent v. Commonwealth, 771 N.E.2d 770 (Mass. 2002).published
- Greenwood v. Town of Easton, 828 N.E.2d 945 (Mass. 2005).published
- WhatsApp Inc. v. NSO Grp. Tech. Ltd., 491 F. Supp. 3d 584 (N.D. Cal. 2020).published
- Daly v. Mason, 752 F. Supp. 3d 346 (D. Mass. 2024).published
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.'
- 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 cases
- Petta v. Rivera, 143 F.3d 895 (5th Cir. 1998).published
- Behrens v. Pelletier, 516 U.S. 299 (1996).published
- Cunningham v. Hamilton Cnty., 527 U.S. 198 (1999).published
- Michigan Bell Tel. Co. v. Climax Tel. Co., 186 F.3d 726 (6th Cir. 1999).published
- Coomer v. Make Your Life Epic, 98 F.4th 1320 (10th Cir. 2024).published
- Valde-Cruz v. Russo, No. 7:20-cv-09240, 2024 WL 809903 (S.D.N.Y. Feb. 27, 2024).
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.
- Geo Grp., Inc. v. Menocal, No. 24-758, 2026 WL 513536 (U.S. Feb. 25, 2026).published 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…
- Copan Italia Spa v. Puritan Med. Prods. Co. LLC, 101 F.4th 847 (Fed. Cir. 2024).published ([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.)
- Tucker v. Hillock, No. 3:23-cv-00329 (W.D. Ky. Nov. 21, 2023).(The Sixth Circuit has previously recognized the Kentucky State Police is entitled to governmental immunity under the Eleventh Amendment.)
- Planned Parenthood v. Phillips, 24 F.4th 442 (5th Cir. 2022).published 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 . . . .”).
- Reeves v. Meddings, No. 3:20-cv-00423 (S.D. W. Va. Jan. 4, 2022).([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 ....)
- Planned Parenthood v. Phillips, 5 F.4th 568 (5th Cir. 2021).published 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 . . . .”).
- Valerie Streit, Individually & as Class Rep. Diego Santillana, Individually & as Class Rep. Michael Roerich, Individually v. Cnty. of Los Angeles, a Governmental Entity Jerry Harper, Undersheriff Michael Graham, Assistant Sheriff Barry King, Chief Bob Pash, Chief Daniel Burt, Commander, Eddie Shields, Individually & as a Class Rep. v. Cnty. of Los Angeles, a Governmental Entity Jerry Harper, Undersheriff Michael Graham, Assistant Sheriff Barry King, Chief Bob Pash, Chief Daniel Burt, Commander, Randall Cleaves, Individually & as Class Rep. Alfred Carrillo, Individually & as Class Rep. v. Cnty. of Los Angeles, a Governmental Entity Jerry Harper, Undersheriff Michael Graham, Assistant Sheriff Barry King, Chief Bob Pash, Chief Daniel Burt, Commander, Munique Williams Michael E. White April Marie Courie Eric Mitchell Dianeramirez, Individually, & as Class Rep. Heather Yousif, Individually, & as Class Rep. Margo v. Borrup, Individually, & as Class Rep. Quinton Cooper Ruby Sellars v. Sherman Block, Sheriff, Individually & in His Off. Capacity, & Los Angeles Cnty. Sheriff's Dep't, Leellen Patchen, Individually & as Class Rep. Steven Gray, Individually & as Class Rep. Isaac Tchakmakjian, Individually & as Class Rep. v. Cnty. of Los Angeles, a Governmental Entity Los Angeles Cnty. Sheriff's Dep't, Michael E. White April Marie Courie Eric Mitchell Diane Ramirez, Individually & as Class Rep. Heather Yousif, Individually & as Class Rep. Margo v. Borrup, Individually & as Class Rep. Quinton Cooper Ruby Sellars Leellen Patchen, Individually & as Class Rep. Steven Gray, Individually & as Class Rep. Isaac Chakmakjian, Individually & as Class Rep. Eddie Shields, Individually & as Class Rep. Diego Santillana, Individually & as Class Rep. Michael Roerich, Individually Randall Cleaves, Individually & as Class Rep. v. Sherman Nmi Block, Sheriff, Individually & in His Off. Capacity, & Cnty. of Los Angeles, a Governmental Entity Los Angeles Cnty. Sheriff Dep't, as Doe 1, Samuel Gladney v. Cnty. of Los Angeles, Los Angeles Cnty. Sheriff's Dep't Est. of Sherman Block Jerry Harper Michael Graham Robert Mann Barry King Daniel Burt, Munique Williams Michael E. White April Marie Courie Eric Mitchell Diane Ramirez, Individually, & as Class Rep. Margo v. Borrup, Individually, & as Class Rep. Quinton Cooper Ruby Sellars, & Johnny Ray Tolbert Kevin Baxter, Individually & as Class Representatives & in Their Capacities as Taxpayers Joseph Whitner, Individually, & as Class Rep. Yolanda Corbert, Individually, & as Class Rep. Cassondra McNair Individually, & as Class Rep. Ronald J. Borrup, Individually, & as Class Rep. Kirk Douglas Julian Valdez Frank Lopez Joe Sanchez, Jr. Moises Carranza Hamid Shahian Herman Wyche Duc Huu Pham, 236 F.3d 552 (9th Cir. 2001).published
- Bell Atl.-Pennsylvania, Inc. v. The Pennsylvania Pub. Util. Comm'n, 273 F.3d 337 (3d Cir. 2001).published
- Bell Atl PA v. PA Pub Util Comm, No. 00-2619 (3d Cir. Nov. 7, 2001).
- Burlington N. & Santa Fe Ry. Co. v. Vaughn, 509 F.3d 1085 (9th Cir. 2007).published
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- SolarCity Corp. v. Salt River Proj. Agric. Improvement & Power Dist., 859 F.3d 720 (9th Cir. 2017).published
- Broidy Capital Mgmt. LLC v. Nicolas Muzin, 12 F.4th 789 (D.C. Cir. 2021).published
- Whole Woman's Health v. Jackson, 13 F.4th 434 (5th Cir. 2021).published
- New Albany Main Street Props. v. Watco Co., LLC, 75 F.4th 615 (6th Cir. 2023).published
- Glover & Pridemore v. Hryniewich, 438 F. Supp. 3d 625 (E.D. Va. 2020).published
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)
- Lettieri v. New York State Police, No. 3:23-cv-01547 (N.D.N.Y. May 6, 2025).
- Davidson v. Stockton, No. 95-10835 (5th Cir. Mar. 24, 2004).unpublished
- Jack Pedro Quinn v. State of Kansas & Dist. Judge Tracy D. Klingsmith, 1 F.3d 1249 (10th Cir. 1993).published
- Pratt v. Snohomish Cnty., 15 F.3d 1088 (9th Cir. 1994).published
- Gary Lee McColpin v. David R. McKune, 21 F.3d 1121 (10th Cir. 1994).published
- Christy v. PA Tpk., No. 94-1386 (3d Cir. May 23, 1995).
- In Re: Sacred Heart, No. 97-1126 (3d Cir. Jan. 8, 1998).
- Toliver v. Cain, No. 2:21-cv-01232, 2022 WL 561983 (D. Or. Feb. 24, 2022).
- Gray v. Laws, 51 F.3d 426 (4th Cir. 1995).published
At page 150 Distinguishing eleventh amendment immunity from liability defenses3 citing casesStevens, dissenting
- Dawkins v. State Univ. of New York at Cortland, No. 5:23-cv-01163 (N.D.N.Y. July 11, 2024).
- NAACP v. Merrill, 939 F.3d 470 (2d Cir. 2019).published
- Bramble v. Hynes, No. 1:23-cv-05141 (E.D.N.Y. Sept. 26, 2024).
“Once it is established that a State . . . [is] immune from suit . . . .”
- Planned Parenthood v. Phillips, 24 F.4th 442 (5th Cir. 2022).published “Once it is established that a State . . . [is] immune from suit . . . .”
- Planned Parenthood v. Phillips, 5 F.4th 568 (5th Cir. 2021).published “Once it is established that a State . . . [is] immune from suit . . . .”
v.
Metcalf & Eddy, Inc.
Lead Opinion
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.
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.
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).
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.
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.
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
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
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).