28 C.F.R. § 35.178
State immunity
A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.
Notes of Decisions
Cited in 1
case, 2012–2012 · leading case: Gattuso v. New Jersey Dep't of Human Servs., 881 F. Supp. 2d 639 (D.N.J. 2012).
Gattuso v. New Jersey Dep't of Human Servs., 881 F. Supp. 2d 639 (D.N.J. 2012). “Plaintiffs, in opposition to Defendants’ motion to dismiss, cite to a federal regulation ( 28 C.F.R. § 35.178 ) that reiterates this express statutory abrogation clause.”
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