Eleventh Amendment immunity (Florida) · Go Syfert
← Florida issues

Eleventh Amendment immunity in Florida

20 Florida opinions name it 2 courts 1986–2010 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (14)

CaseFollowedCited
Jenne v. Marantogreen
fladistctapp · 2002 · cited in 3 Florida opinions naming this issue, 2008–2010
2 sentences

2010See, e.g., Seminole Tribe of Fla. v. McCor, 903 So.2d 353, 357-58 (Fla. 2d DCA 2005) (tribal immunity); Jenne v. Maranto, 825 So.2d 409, 415 (Fla. 4th DCA 2002) (Eleventh Amendment immunity); Stephens v. Geoghegan, 702 So.2d 517, 521 (Fla. 2d DCA 1997) (qualified immunity).

2010See, e.g., Seminole Tribe of Fla. v. McCor, 903 So.2d 353, 357-58 (Fla. 2d DCA 2005) (tribal immunity); Jenne v. Maranto, 825 So.2d 409, 415 (Fla. 4th DCA 2002) (Eleventh Amendment immunity); Stephens v. Geoghegan, 702 So.2d 517, 521 (Fla. 2d DCA 1997) (qualified immunity).

33
Stephens v. Geoghegangreen
fladistctapp · 1997 · cited in 2 Florida opinions naming this issue, 2010–2010
2 sentences

2010See, e.g., Seminole Tribe of Fla. v. McCor, 903 So.2d 353, 357-58 (Fla. 2d DCA 2005) (tribal immunity); Jenne v. Maranto, 825 So.2d 409, 415 (Fla. 4th DCA 2002) (Eleventh Amendment immunity); Stephens v. Geoghegan, 702 So.2d 517, 521 (Fla. 2d DCA 1997) (qualified immunity).

2010See, e.g., Seminole Tribe of Fla. v. McCor, 903 So.2d 353, 357-58 (Fla. 2d DCA 2005) (tribal immunity); Jenne v. Maranto, 825 So.2d 409, 415 (Fla. 4th DCA 2002) (Eleventh Amendment immunity); Stephens v. Geoghegan, 702 So.2d 517, 521 (Fla. 2d DCA 1997) (qualified immunity).

22
Seminole Tribe of Florida v. McCorgreen
fladistctapp · 2005 · cited in 2 Florida opinions naming this issue, 2010–2010
2 sentences

2010See, e.g., Seminole Tribe of Fla. v. McCor, 903 So.2d 353, 357-58 (Fla. 2d DCA 2005) (tribal immunity); Jenne v. Maranto, 825 So.2d 409, 415 (Fla. 4th DCA 2002) (Eleventh Amendment immunity); Stephens v. Geoghegan, 702 So.2d 517, 521 (Fla. 2d DCA 1997) (qualified immunity).

2010See, e.g., Seminole Tribe of Fla. v. McCor, 903 So.2d 353, 357-58 (Fla. 2d DCA 2005) (tribal immunity); Jenne v. Maranto, 825 So.2d 409, 415 (Fla. 4th DCA 2002) (Eleventh Amendment immunity); Stephens v. Geoghegan, 702 So.2d 517, 521 (Fla. 2d DCA 1997) (qualified immunity).

22
Seminole Tribe of Florida v. Floridagreen
scotus · 1996 · cited in 2 Florida opinions naming this issue, 2008–2008
2 sentences

2008See Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 47 , 116 S.Ct. 1114 , 134 L.Ed.2d 252 (1996).

2008See Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 47 , 116 S.Ct. 1114 , 134 L.Ed.2d 252 (1996).

22
Tennessee v. Lanegreen
scotus · 2004 · cited in 2 Florida opinions naming this issue, 2007–2007
2 sentences

2007See Lane, 541 U.S. at 517 , 124 S.Ct. 1978 ; Alden v. Maine, 527 U.S. 706, 711-13 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999). 2 Important for present purposes, Eleventh Amendment (or sovereign) immunity bars an unconsented action against a state for damages, but does not bar a suit for nonmonetary relief, such as an injunction.

2007See Lane, 541 U.S. at 517 , 124 S.Ct. 1978 ; Alden v. Maine, 527 U.S. 706, 711-13 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999). 2 Important for present purposes, Eleventh Amendment (or sovereign) immunity bars an unconsented action against a state for damages, but does not bar a suit for nonmonetary relief, such as an injunction.

22
State v. Rendongreen
fladistctapp · 2002 · cited in 2 Florida opinions naming this issue, 2007–2007
2 sentences

2007See 832 So.2d at 146 .

2007See 832 So.2d at 146 .

22
Quern v. Jordangreen
scotus · 1979 · cited in 2 Florida opinions naming this issue, 1986–1987
2 sentences

1987See Quern v. Jordan, 440 U.S. 332 , 99 S.Ct. 1139 , 59 L.Ed.2d 358 (1979); Edelman v. Jordan, 415 U.S. 651 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974).

1987See Quern v. Jordan, 440 U.S. 332 , 99 S.Ct. 1139 , 59 L.Ed.2d 358 (1979); Edelman v. Jordan, 415 U.S. 651 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974).

22
Alden v. Mainegreen
scotus · 1999 · cited in 3 Florida opinions naming this issue, 2002–2007
2 sentences

2007See Lane, 541 U.S. at 517 , 124 S.Ct. 1978 ; Alden v. Maine, 527 U.S. 706, 711-13 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999). 2 Important for present purposes, Eleventh Amendment (or sovereign) immunity bars an unconsented action against a state for damages, but does not bar a suit for nonmonetary relief, such as an injunction.

2007See Lane, 541 U.S. at 517 , 124 S.Ct. 1978 ; Alden v. Maine, 527 U.S. 706, 711-13 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 (1999). 2 Important for present purposes, Eleventh Amendment (or sovereign) immunity bars an unconsented action against a state for damages, but does not bar a suit for nonmonetary relief, such as an injunction.

13
Edelman v. Jordangreen
scotus · 1974 · cited in 2 Florida opinions naming this issue, 1987–2002
2 sentences

2002Finally, there is the danger that fear of being sued will `dampen the ardor of all but the most resolute, or the most irresponsible [public officials], in the unflinching discharge of their duties.'"). [7] Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980). [8] See Edelman v. Jordan, 415 U.S. 651, 677-78 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974) ("the Eleventh Amendment defense sufficiently partakes of the nature of a jurisdictional bar so that it need not be raised in the trial court...."); Ford Motor Co. v. Department of Treasury, 323 U.S. 459, 466-67 , 65 S.Ct. 347 , 89 L.

2002Finally, there is the danger that fear of being sued will `dampen the ardor of all but the most resolute, or the most irresponsible [public officials], in the unflinching discharge of their duties.'"). [7] Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980). [8] See Edelman v. Jordan, 415 U.S. 651, 677-78 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974) ("the Eleventh Amendment defense sufficiently partakes of the nature of a jurisdictional bar so that it need not be raised in the trial court...."); Ford Motor Co. v. Department of Treasury, 323 U.S. 459, 466-67 , 65 S.Ct. 347 , 89 L.

12
Will v. Michigan Department of State Policegreen
scotus · 1989 · cited in 2 Florida opinions naming this issue, 1990–1997
2 sentences

1997Id. at 383 , 110 S.Ct. at 2446 -47 (citing, Will v. Michigan Dep't of State Police, 491 U.S. 58 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989), for the proposition that an entity with Eleventh Amendment immunity is not a "person" within the meaning of § 1983).

1997Id. at 383 , 110 S.Ct. at 2446 -47 (citing, Will v. Michigan Dep't of State Police, 491 U.S. 58 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989), for the proposition that an entity with Eleventh Amendment immunity is not a "person" within the meaning of § 1983).

12
Shands Teaching Hospital & Clinics, Inc. v. Beech Street Corp.green
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2005–2005
1 sentence

2005Corp. and Unisys Corp., 820 So.2d 979, 979 (Fla. 1st DCA 2002).

11
Trammell v. Stategreen
miss · 1993 · cited in 1 Florida opinions naming this issue, 2002–2002
2 sentences

2002See Trammell v. State, 622 So.2d 1257, 1261 (Miss.1993) (“It is clear from a review of the record that Eleventh Amendment immunity was the sole reason for dismissal of the federal suit.

2002See Trammell v. State, 622 So.2d 1257, 1261 (Miss.1993) (“It is clear from a review of the record that Eleventh Amendment immunity was the sole reason for dismissal of the federal suit.

11
Ford Motor Co. v. Department of Treasurygreen
scotus · 1945 · cited in 1 Florida opinions naming this issue, 2002–2002
2 sentences

2002Finally, there is the danger that fear of being sued will `dampen the ardor of all but the most resolute, or the most irresponsible [public officials], in the unflinching discharge of their duties.'"). [7] Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980). [8] See Edelman v. Jordan, 415 U.S. 651, 677-78 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974) ("the Eleventh Amendment defense sufficiently partakes of the nature of a jurisdictional bar so that it need not be raised in the trial court...."); Ford Motor Co. v. Department of Treasury, 323 U.S. 459, 466-67 , 65 S.Ct. 347 , 89 L.

2002Finally, there is the danger that fear of being sued will `dampen the ardor of all but the most resolute, or the most irresponsible [public officials], in the unflinching discharge of their duties.'"). [7] Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980). [8] See Edelman v. Jordan, 415 U.S. 651, 677-78 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974) ("the Eleventh Amendment defense sufficiently partakes of the nature of a jurisdictional bar so that it need not be raised in the trial court...."); Ford Motor Co. v. Department of Treasury, 323 U.S. 459, 466-67 , 65 S.Ct. 347 , 89 L.

11
Karchefske v. Department of Mental Healthgreen
michctapp · 1985 · cited in 1 Florida opinions naming this issue, 1987–1987
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (28)

CaseCitedYears
Mitchell v. Forsyth green
scotus · 1985
2 sentences

2010As our supreme court explained in the context of qualified immunity— which, like the immunity at issue in this case, is immunity from suit rather than a defense to liability—the entitlement to immunity is "effectively lost if a case is erroneously permitted to go to trial" because the party entitled to the immunity cannot be "`re-immunized' if erroneously required to stand trial or face the other burdens of litigation." Tucker, 648 So.2d at 1189 (quoting Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985)).

2010As our supreme court explained in the context of qualified immunity— which, like the immunity at issue in this case, is immunity from suit rather than a defense to liability—the entitlement to immunity is "effectively lost if a case is erroneously permitted to go to trial" because the party entitled to the immunity cannot be "`re-immunized' if erroneously required to stand trial or face the other burdens of litigation." Tucker, 648 So.2d at 1189 (quoting Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985)).

32002–2010
Board of Trustees of Univ. of Ala. v. Garrett green
scotus · 2001
2 sentences

2007This point was made in Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 , 121 S.Ct. 955 , 148 L.Ed.2d 866 (2001), where Eleventh Amendment immunity barred plaintiffs action for damages under Title I of the ADA, but did not bar injunctive relief.

2007This point was made in Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 , 121 S.Ct. 955 , 148 L.Ed.2d 866 (2001), where Eleventh Amendment immunity barred plaintiffs action for damages under Title I of the ADA, but did not bar injunctive relief.

32002–2007
Howlett Ex Rel. Howlett v. Rose green
scotus · 1990
2 sentences

2006Will establishes that the State and arms of the State, which have traditionally enjoyed Eleventh Amendment immunity, are not subject to suit under § 1983 in either federal court or state court. 496 U.S. at 365 , 110 S.Ct. 2430 (emphasis added).

2006Will establishes that the State and arms of the State, which have traditionally enjoyed Eleventh Amendment immunity, are not subject to suit under § 1983 in either federal court or state court. 496 U.S. at 365 , 110 S.Ct. 2430 (emphasis added).

31990–2006
Tucker v. Resha green
fla · 1994
2 sentences

2010As our supreme court explained in the context of qualified immunity— which, like the immunity at issue in this case, is immunity from suit rather than a defense to liability—the entitlement to immunity is "effectively lost if a case is erroneously permitted to go to trial" because the party entitled to the immunity cannot be "`re-immunized' if erroneously required to stand trial or face the other burdens of litigation." Tucker, 648 So.2d at 1189 (quoting Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985)).

2010As our supreme court explained in the context of qualified immunity—which, like the immunity at issue in this case, is immunity from suit rather than a defense to liability—the entitlement to immunity is "effectively lost if a case is erroneously permitted to go to trial" because the party entitled to the immunity cannot be "`re-immunized' if erroneously required to stand trial or face the other burdens of litigation." Tucker, 648 So.2d at 1189 (quoting Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985)).

22010–2010
Ramah Navajo School Board, Inc. v. Bureau of Revenue green
nmctapp · 1986
2 sentences

1989As our supreme court stated in Hill , relying on Ramah *708 Navajo School Board v. Bureau of Revenue, 104 N.M. 302 , 720 P.2d 1243 (App.), cert. denied, 479 U.S. 940 , 107 S.Ct. 423 , 93 L.Ed.2d 373 (1986), sovereign immunity and Eleventh Amendment immunity are distinct concepts.

1989As our supreme court stated in Hill , relying on Ramah *708 Navajo School Board v. Bureau of Revenue, 104 N.M. 302 , 720 P.2d 1243 (App.), cert. denied, 479 U.S. 940 , 107 S.Ct. 423 , 93 L.Ed.2d 373 (1986), sovereign immunity and Eleventh Amendment immunity are distinct concepts.

21987–1989
Brown v. North Carolina green
scotus · 1986
2 sentences

1989As our supreme court stated in Hill , relying on Ramah *708 Navajo School Board v. Bureau of Revenue, 104 N.M. 302 , 720 P.2d 1243 (App.), cert. denied, 479 U.S. 940 , 107 S.Ct. 423 , 93 L.Ed.2d 373 (1986), sovereign immunity and Eleventh Amendment immunity are distinct concepts.

1989As our supreme court stated in Hill , relying on Ramah *708 Navajo School Board v. Bureau of Revenue, 104 N.M. 302 , 720 P.2d 1243 (App.), cert. denied, 479 U.S. 940 , 107 S.Ct. 423 , 93 L.Ed.2d 373 (1986), sovereign immunity and Eleventh Amendment immunity are distinct concepts.

21987–1989
Applegate v. Barnett Bank of Tallahassee green
fla · 1979
2 sentences

2002Finally, there is the danger that fear of being sued will `dampen the ardor of all but the most resolute, or the most irresponsible [public officials], in the unflinching discharge of their duties.'"). [7] Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980). [8] See Edelman v. Jordan, 415 U.S. 651, 677-78 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974) ("the Eleventh Amendment defense sufficiently partakes of the nature of a jurisdictional bar so that it need not be raised in the trial court...."); Ford Motor Co. v. Department of Treasury, 323 U.S. 459, 466-67 , 65 S.Ct. 347 , 89 L.

2002Finally, there is the danger that fear of being sued will `dampen the ardor of all but the most resolute, or the most irresponsible [public officials], in the unflinching discharge of their duties.'"). [7] Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980). [8] See Edelman v. Jordan, 415 U.S. 651, 677-78 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974) ("the Eleventh Amendment defense sufficiently partakes of the nature of a jurisdictional bar so that it need not be raised in the trial court...."); Ford Motor Co. v. Department of Treasury, 323 U.S. 459, 466-67 , 65 S.Ct. 347 , 89 L.

12002–2002
Mt. Healthy City School District Board of Education v. Doyle green
scotus · 1977
2 sentences

2002We therefore hold that it was not entitled to assert any Eleventh Amendment immunity from suit in the federal courts." 429 U.S. at 280-81 , 97 S.Ct. 568 .

2002We therefore hold that it was not entitled to assert any Eleventh Amendment immunity from suit in the federal courts." 429 U.S. at 280-81 , 97 S.Ct. 568 .

12002–2002
Gomez v. Toledo green
scotus · 1980
2 sentences

2002Finally, there is the danger that fear of being sued will `dampen the ardor of all but the most resolute, or the most irresponsible [public officials], in the unflinching discharge of their duties.'"). [7] Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980). [8] See Edelman v. Jordan, 415 U.S. 651, 677-78 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974) ("the Eleventh Amendment defense sufficiently partakes of the nature of a jurisdictional bar so that it need not be raised in the trial court...."); Ford Motor Co. v. Department of Treasury, 323 U.S. 459, 466-67 , 65 S.Ct. 347 , 89 L.

2002Finally, there is the danger that fear of being sued will `dampen the ardor of all but the most resolute, or the most irresponsible [public officials], in the unflinching discharge of their duties.'"). [7] Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980). [8] See Edelman v. Jordan, 415 U.S. 651, 677-78 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974) ("the Eleventh Amendment defense sufficiently partakes of the nature of a jurisdictional bar so that it need not be raised in the trial court...."); Ford Motor Co. v. Department of Treasury, 323 U.S. 459, 466-67 , 65 S.Ct. 347 , 89 L.

12002–2002
Ex Parte State of New York, No. 2 green
scotus · 1921
2 sentences

1996E.g., Welch v. Texas Dep’t of Highways and Public Transp., 483 U.S. 468 , 107 S.Ct. 2941 , 97 L.Ed.2d 389 (1987); In re New York, 256 U.S. 490 , 41 S.Ct. 588 , 65 L.Ed. 1057 (1921); In re New York, 256 U.S. 503 , 41 S.Ct. 592 , 65 L.Ed. 1063 (1921).

1996E.g., Welch v. Texas Dep’t of Highways and Public Transp., 483 U.S. 468 , 107 S.Ct. 2941 , 97 L.Ed.2d 389 (1987); In re New York, 256 U.S. 490 , 41 S.Ct. 588 , 65 L.Ed. 1057 (1921); In re New York, 256 U.S. 503 , 41 S.Ct. 592 , 65 L.Ed. 1063 (1921).

11996–1996
Ex Parte State of New York, No. 1 green
scotus · 1921
2 sentences

1996E.g., Welch v. Texas Dep’t of Highways and Public Transp., 483 U.S. 468 , 107 S.Ct. 2941 , 97 L.Ed.2d 389 (1987); In re New York, 256 U.S. 490 , 41 S.Ct. 588 , 65 L.Ed. 1057 (1921); In re New York, 256 U.S. 503 , 41 S.Ct. 592 , 65 L.Ed. 1063 (1921).

1996E.g., Welch v. Texas Dep’t of Highways and Public Transp., 483 U.S. 468 , 107 S.Ct. 2941 , 97 L.Ed.2d 389 (1987); In re New York, 256 U.S. 490 , 41 S.Ct. 588 , 65 L.Ed. 1057 (1921); In re New York, 256 U.S. 503 , 41 S.Ct. 592 , 65 L.Ed. 1063 (1921).

11996–1996
Welch v. Texas Department of Highways & Public Transportation green
scotus · 1987
2 sentences

1996Moreover, “a State does not waive Eleventh Amendment immunity in federal courts merely by waiving sovereign immunity in its own courts.” Welch, 483 U.S. at 473-74 , 107 S.Ct. at 2946 .

1996Moreover, “a State does not waive Eleventh Amendment immunity in federal courts merely by waiving sovereign immunity in its own courts.” Welch, 483 U.S. at 473-74 , 107 S.Ct. at 2946 .

11996–1996
Mick v. Florida State Bd. of Dentistry green
fladistctapp · 1976
2 sentences

1994No. 101-553 § 2 (a), 104 Stat. 2749 (Nov. 15, 1990), amending 17 U.S.C. § 501 to provide that relief for infringement is available against "`anyone' includ[ing] any State." See Unix System Laboratories, Inc. v. Berkeley Software Design, Inc., 832 F. Supp. 790 (D.N.J. 1993). [3] The Florida Equal Access to Justice Act, section 57.111, Florida Statutes (1993), confers final order authority on hearing officers to award attorney's fees and costs in certain circumstances. § 57.111(4)(d), Fla. Stat. (1993). [4] Before the appellate rules were revised in 1977, the Court in Mick v. Florida State Bd. o

1994No. 101-553 § 2 (a), 104 Stat. 2749 (Nov. 15, 1990), amending 17 U.S.C. § 501 to provide that relief for infringement is available against "`anyone' includ[ing] any State." See Unix System Laboratories, Inc. v. Berkeley Software Design, Inc., 832 F. Supp. 790 (D.N.J. 1993). [3] The Florida Equal Access to Justice Act, section 57.111, Florida Statutes (1993), confers final order authority on hearing officers to award attorney's fees and costs in certain circumstances. § 57.111(4)(d), Fla. Stat. (1993). [4] Before the appellate rules were revised in 1977, the Court in Mick v. Florida State Bd. o

11994–1994
Bv Engineering v. University of California, Los Angeles green
ca9 · 1988
11994–1994
Joan F. Lane, D/B/A Lane & Co. v. The First National Bank of Boston green
ca1 · 1989
2 sentences

1994Since the decisions in Lane v. First Nat'l Bank of Boston, 871 F.2d 166 (1st Cir.1989), and BV Engineering v. University of Southern Cal., Los Angeles, 858 F.2d 1394 (9th Cir.1988), cert. denied, 489 U.S. 1090 , 109 S.Ct. 1557 , 103 L.Ed.2d 859 (1989) (both holding that Congress had not abrogated the states' Eleventh Amendment immunity in enacting the Copyright Act of 1976); contra Mills Music, Inc. v. State of Ariz., 591 F.2d 1278 (9th Cir.1979), Congress has enacted Pub.L.

1994Since the decisions in Lane v. First Nat'l Bank of Boston, 871 F.2d 166 (1st Cir.1989), and BV Engineering v. University of Southern Cal., Los Angeles, 858 F.2d 1394 (9th Cir.1988), cert. denied, 489 U.S. 1090 , 109 S.Ct. 1557 , 103 L.Ed.2d 859 (1989) (both holding that Congress had not abrogated the states' Eleventh Amendment immunity in enacting the Copyright Act of 1976); contra Mills Music, Inc. v. State of Ariz., 591 F.2d 1278 (9th Cir.1979), Congress has enacted Pub.L.

11994–1994
Unix System Laboratories, Inc. v. Berkeley Software Design, Inc. green
njd · 1993
11994–1994
Mills Music, Inc. v. State of Arizona and Arizona Coliseum and Exposition Center Board, a Body Politic Under and by Virtue of the State of Arizona green
ca9 · 1979
11994–1994
BV Engineering v. University of California green
scotus · 1989
2 sentences

1994Since the decisions in Lane v. First Nat'l Bank of Boston, 871 F.2d 166 (1st Cir.1989), and BV Engineering v. University of Southern Cal., Los Angeles, 858 F.2d 1394 (9th Cir.1988), cert. denied, 489 U.S. 1090 , 109 S.Ct. 1557 , 103 L.Ed.2d 859 (1989) (both holding that Congress had not abrogated the states' Eleventh Amendment immunity in enacting the Copyright Act of 1976); contra Mills Music, Inc. v. State of Ariz., 591 F.2d 1278 (9th Cir.1979), Congress has enacted Pub.L.

1994Since the decisions in Lane v. First Nat'l Bank of Boston, 871 F.2d 166 (1st Cir.1989), and BV Engineering v. University of Southern Cal., Los Angeles, 858 F.2d 1394 (9th Cir.1988), cert. denied, 489 U.S. 1090 , 109 S.Ct. 1557 , 103 L.Ed.2d 859 (1989) (both holding that Congress had not abrogated the states' Eleventh Amendment immunity in enacting the Copyright Act of 1976); contra Mills Music, Inc. v. State of Ariz., 591 F.2d 1278 (9th Cir.1979), Congress has enacted Pub.L.

11994–1994
Colonial Savings Ass'n v. Commissioner green
scotus · 1989
2 sentences

1994Since the decisions in Lane v. First Nat'l Bank of Boston, 871 F.2d 166 (1st Cir.1989), and BV Engineering v. University of Southern Cal., Los Angeles, 858 F.2d 1394 (9th Cir.1988), cert. denied, 489 U.S. 1090 , 109 S.Ct. 1557 , 103 L.Ed.2d 859 (1989) (both holding that Congress had not abrogated the states' Eleventh Amendment immunity in enacting the Copyright Act of 1976); contra Mills Music, Inc. v. State of Ariz., 591 F.2d 1278 (9th Cir.1979), Congress has enacted Pub.L.

1994Since the decisions in Lane v. First Nat'l Bank of Boston, 871 F.2d 166 (1st Cir.1989), and BV Engineering v. University of Southern Cal., Los Angeles, 858 F.2d 1394 (9th Cir.1988), cert. denied, 489 U.S. 1090 , 109 S.Ct. 1557 , 103 L.Ed.2d 859 (1989) (both holding that Congress had not abrogated the states' Eleventh Amendment immunity in enacting the Copyright Act of 1976); contra Mills Music, Inc. v. State of Ariz., 591 F.2d 1278 (9th Cir.1979), Congress has enacted Pub.L.

11994–1994
County of Sonoma v. Herrington green
scotus · 1989
2 sentences

1994Since the decisions in Lane v. First Nat'l Bank of Boston, 871 F.2d 166 (1st Cir.1989), and BV Engineering v. University of Southern Cal., Los Angeles, 858 F.2d 1394 (9th Cir.1988), cert. denied, 489 U.S. 1090 , 109 S.Ct. 1557 , 103 L.Ed.2d 859 (1989) (both holding that Congress had not abrogated the states' Eleventh Amendment immunity in enacting the Copyright Act of 1976); contra Mills Music, Inc. v. State of Ariz., 591 F.2d 1278 (9th Cir.1979), Congress has enacted Pub.L.

1994Since the decisions in Lane v. First Nat'l Bank of Boston, 871 F.2d 166 (1st Cir.1989), and BV Engineering v. University of Southern Cal., Los Angeles, 858 F.2d 1394 (9th Cir.1988), cert. denied, 489 U.S. 1090 , 109 S.Ct. 1557 , 103 L.Ed.2d 859 (1989) (both holding that Congress had not abrogated the states' Eleventh Amendment immunity in enacting the Copyright Act of 1976); contra Mills Music, Inc. v. State of Ariz., 591 F.2d 1278 (9th Cir.1979), Congress has enacted Pub.L.

11994–1994
Fitzpatrick v. Bitzer green
scotus · 1976
11993–1993
Atascadero State Hospital v. Scanlon red
scotus · 1985
11993–1993
Monell v. New York City Dept. of Social Servs. green
scotus · 1978
11990–1990
Martinez v. California green
scotus · 1980
11989–1989
Patsy v. Board of Regents of Fla. green
scotus · 1982
11989–1989
Shinholster v. Graham green
flnd · 1981
11987–1987
Kapil v. Association of Pennsylvania State College green
pacommwct · 1982
11987–1987
Kapil v. Association of Pennsylvania State College & University Faculties green
pa · 1983
11987–1987

Statutes the citing opinions construe

FL § 768.28 (9) USC § 42u.s.c.1983 (7) CFR § 28c.f.r.35.130 (3) FL § 215.26 (3) FL § 320.0848 (3) USC § 28u.s.c.1341 (3) USC § 42u.s.c.12132 (3) USC § 42u.s.c.12202 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 64 (1992–2025) CA 29 (1984–2025) MD 24 (1986–2026) PA 21 (1983–2026) FL 20 (1986–2010) IN 19 (1993–2020) NY 16 (1978–2025) NM 14 (1986–2016) AL 13 (1983–2016) MI 11 (1983–2025) GA 11 (2002–2026) NJ 11 (1991–2025) CO 10 (1990–2026) ND 10 (1983–2019) CT 9 (1984–2020) MA 9 (1981–2004) ME 8 (1995–2018) WV 8 (1982–2023) IL 8 (1999–2025) NC 8 (1983–2013) OR 7 (1992–2007) HI 6 (1992–2025) OH 6 (1991–2005) IA 5 (2001–2020) WA 5 (1991–2016) LA 5 (1995–2009) VA 5 (2023–2025) AK 5 (1981–2017) KS 5 (1994–2016) MN 4 (1985–2017) AR 4 (1998–2014) DC 4 (1992–2022) AZ 4 (1988–2022) WY 4 (2010–2018) RI 3 (1983–2009) OK 3 (1981–1999) SC 3 (1990–2003) VI 3 (2023–2025) MT 3 (1992–2017) NE 3 (1984–2015) VT 3 (1990–2023) TN 2 (1992–2023) KY 2 (2011–2013) DE 2 (1998–1999) SD 2 (1997–1997) UT 2 (2014–2018) ID 2 (1987–1993) NV 2 (2006–2021) MP 2 (1996–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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