10 North Dakota opinions name it 1 courts 1983–2019 0 in the last five years
The cases below were cited by North Dakota 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.
| Case | Followed | Cited |
|---|---|---|
Leadbetter v. Rosegreen2 sentences2017See Leadbetter v. Rose , 467 N.W.2d 431, 437 (N.D. 1991) (“[T]he Eleventh Amendment of the United States Constitution bars a citizen from bringing suit against that citizen’s own state in federal court unless the state waives its immunity and consents to suit in federal court.”), overruled on other grounds , Bulman v. Hulstrand Constr. 2017See Leadbetter v. Rose, 467 N.W.2d 431, 437 (N.D. 1991) (“[T]he Eleventh Amendment of the United States Constitution bars a citizen from bringing suit against that citizen’s own state in federal court unless the state waives its immunity and consents to suit in federal court.”), overruled on other grounds, Bulman v, Hulstrand Constr. | 2 | 2 |
Kristensen v. Strindengreen2 sentences1991XI, provides: "The 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, or by citizens or subjects of any foreign state." In Kristensen, supra, 343 N.W.2d at 72, n. 4 , we said that the basic principles relating to nominal and real parties in interest in North Dakota are substantially similar to Eleventh Amendment analysis. [3] Other courts have held that similar constitutional provisions are not self-executing and require legislative action to maintain a suit ag 1991XI, provides: "The 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, or by citizens or subjects of any foreign state." In Kristensen, supra, 343 N.W.2d at 72, n. 4 , we said that the basic principles relating to nominal and real parties in interest in North Dakota are substantially similar to Eleventh Amendment analysis. . | 2 | 2 |
Livingood v. Meecegreen1 sentence1998See Livingood v. Meece, 477 N.W.2d 183, 190 (N.D.1991); Will v. Michigan Dept. of State Police, 491 U.S. 58, 71-73 , 109 S.Ct. 2304, 2312 , 105 L.Ed.2d 45 (1989). [¶ 38] State officials sued for damages in their personal or individual capacities, however, are “persons” under 42 U.S.C. § 1983 . | 1 | 1 |
Kapil v. Association of Pennsylvania State Collegegreen2 sentences1983The Court held that Congress, in enacting § 1983, did not intend “to override the traditional sovereign immunity of the States.” 9 We recognize that the Court’s decision in Quern rested in part on the absence of any congressional intent to override the States’ Eleventh Amendment immunity to suits in Federal courts, and thus the case does not definitively settle the question of what effect § 1983 may have on a State’s sovereign immunity when an action is brought in a State court. 10 However, we agree with the observations of the court in Kapil v. Ass’n of Pa. State College, Etc., 68 Pa. Commw. 1983The Court held that Congress, in enacting § 1983, did not intend “to override the traditional sovereign immunity of the States.” 9 We recognize that the Court’s decision in Quern rested in part on the absence of any congressional intent to override the States’ Eleventh Amendment immunity to suits in Federal courts, and thus the case does not definitively settle the question of what effect § 1983 may have on a State’s sovereign immunity when an action is brought in a State court. 10 However, we agree with the observations of the court in Kapil v. Ass’n of Pa. State College, Etc., 68 Pa. Commw. | 1 | 1 |
Alabama v. Pughgreen2 sentences1983See also Alabama v. Pugh, 438 U.S. 781 , 98 S.Ct. 3057 , 57 L.Ed.2d 1114 (1978). 1983See also Alabama v. Pugh, 438 U.S. 781 , 98 S.Ct. 3057 , 57 L.Ed.2d 1114 (1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Perry Center, Inc. v. Heitkamp
green
2 sentences2019In Wheeler v. Burgum , 2018 ND 109 , ¶ 6, 910 N.W.2d 845 , this Court explained: "Neither a state, an entity with Eleventh Amendment immunity, nor state officials sued in their official capacity are 'persons' under 42 U.S.C. § 1983 , and neither is subject to suit under the statute in federal or state court." Perry Center, Inc. v. Heitkamp , 1998 ND 78 , ¶ 37, 576 N.W.2d 505 . 2019In Wheeler v. Burgum , 2018 ND 109 , ¶ 6, 910 N.W.2d 845 , this Court explained: "Neither a state, an entity with Eleventh Amendment immunity, nor state officials sued in their official capacity are 'persons' under 42 U.S.C. § 1983 , and neither is subject to suit under the statute in federal or state court." Perry Center, Inc. v. Heitkamp , 1998 ND 78 , ¶ 37, 576 N.W.2d 505 . | 3 | 2018–2019 |
Wheeler v. Burgum
neutral
2 sentences2019In Wheeler v. Burgum, 2018 ND 109, ¶ 6 , 910 N.W.2d 845 , this Court explained: “Neither a state, an entity with Eleventh Amendment immunity, nor state officials sued in their official capacity are ‘persons’ under 42 U.S.C. § 1983 , and neither is subject to suit under the statute in federal or state court.” Perry Center, Inc. v. Heitkamp, 1998 ND 78, ¶ 37 , 576 N.W.2d 505 . 2019In Wheeler v. Burgum , 2018 ND 109 , ¶ 6, 910 N.W.2d 845 , this Court explained: "Neither a state, an entity with Eleventh Amendment immunity, nor state officials sued in their official capacity are 'persons' under 42 U.S.C. § 1983 , and neither is subject to suit under the statute in federal or state court." Perry Center, Inc. v. Heitkamp , 1998 ND 78 , ¶ 37, 576 N.W.2d 505 . | 2 | 2019–2019 |
State v. Parks
neutral
2 sentences2019In Wheeler v. Burgum, 2018 ND 109, ¶ 6 , 910 N.W.2d 845 , this Court explained: “Neither a state, an entity with Eleventh Amendment immunity, nor state officials sued in their official capacity are ‘persons’ under 42 U.S.C. § 1983 , and neither is subject to suit under the statute in federal or state court.” Perry Center, Inc. v. Heitkamp, 1998 ND 78, ¶ 37 , 576 N.W.2d 505 . 2019In Wheeler v. Burgum , 2018 ND 109 , ¶ 6, 910 N.W.2d 845 , this Court explained: "Neither a state, an entity with Eleventh Amendment immunity, nor state officials sued in their official capacity are 'persons' under 42 U.S.C. § 1983 , and neither is subject to suit under the statute in federal or state court." Perry Center, Inc. v. Heitkamp , 1998 ND 78 , ¶ 37, 576 N.W.2d 505 . | 2 | 2019–2019 |
Will v. Michigan Department of State Police
green
2 sentences1993As we held last Term in Will v. Michigan Dept. of State Police, 491 U.S. 58 [ 109 S.Ct. 2304 , 105 L.Ed.2d 45 ] (1989), an entity with Eleventh Amendment immunity is not a “person” within the meaning of § 1983. 1993As we held last Term in Will v. Michigan Dept. of State Police, 491 U.S. 58 [ 109 S.Ct. 2304 , 105 L.Ed.2d 45 ] (1989), an entity with Eleventh Amendment immunity is not a “person” within the meaning of § 1983. | 2 | 1993–1998 |
Hans v. Louisiana
green
2 sentences1991Leadbetter’s argument ignores that a plurality in Welch did not overrule Hans v. Louisiana, 134 U.S. 1 , 10 S.Ct. 504 , 33 L.Ed. 842 (1890), and the principle that the Eleventh Amendment of the United States Constitution bars a citizen from bringing suit against that citizen’s own state in federal court unless the state waives its immunity and consents to suit in federal court. 1991Leadbetter’s argument ignores that a plurality in Welch did not overrule Hans v. Louisiana, 134 U.S. 1 , 10 S.Ct. 504 , 33 L.Ed. 842 (1890), and the principle that the Eleventh Amendment of the United States Constitution bars a citizen from bringing suit against that citizen’s own state in federal court unless the state waives its immunity and consents to suit in federal court. | 1 | 1991–1991 |
Welch v. Texas Department of Highways & Public Transportation
green
2 sentences1991Relying upon Justice Brennan’s dissent in Welch v. Texas Dept. of Highways and Public Transportation, 483 U.S. 468 , 107 S.Ct. 2941 , 97 L.Ed.2d 389 (1987), Leadbetter also contends that the First 8 and Fourteenth Amendments of the United States Constitution negate the Eleventh Amendment requirement that a State must consent to a suit by one of its own citizens. 1991Relying upon Justice Brennan’s dissent in Welch v. Texas Dept. of Highways and Public Transportation, 483 U.S. 468 , 107 S.Ct. 2941 , 97 L.Ed.2d 389 (1987), Leadbetter also contends that the First 8 and Fourteenth Amendments of the United States Constitution negate the Eleventh Amendment requirement that a State must consent to a suit by one of its own citizens. | 1 | 1991–1991 |
Ex Parte Young
green
2 sentences1983In Scheuer , the Supreme Court *73 held, on the basis of Ex parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908), that State officials do not enjoy personal Eleventh Amendment immunity to damage suits for deprivations of Federal rights under color of State law under § 1983. 1983In Scheuer , the Supreme Court *73 held, on the basis of Ex parte Young, 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908), that State officials do not enjoy personal Eleventh Amendment immunity to damage suits for deprivations of Federal rights under color of State law under § 1983. | 1 | 1983–1983 |
Scheuer v. Rhodes
red
2 sentences1983The lower court had “held ... that the defendants were being sued in their official and representative capacities and that the actions were therefore in effect against the State of Ohio.” Scheuer, supra, 416 U.S. at 236 , 94 S.Ct. at 1686 , 40 L.Ed.2d at 96 . 1983The lower court had “held ... that the defendants were being sued in their official and representative capacities and that the actions were therefore in effect against the State of Ohio.” Scheuer, supra, 416 U.S. at 236 , 94 S.Ct. at 1686 , 40 L.Ed.2d at 96 . | 1 | 1983–1983 |
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.
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.