Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 8118 (2026)

Eleventh amendment

✓ current as of May 2026

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Nothing in this chapter or any other provision of state law shall be construed to waive the rights and protections of the State under the Eleventh Amendment of the United States Constitution, except where such waiver is explicitly stated by law and actions against the State for damages shall only be brought in the courts of the State in accordance with this chapter. [PL 1977, c. 2, §2 (NEW).]

SECTION HISTORY

PL 1977, c. 2, §§2,5 (NEW). PL 1977, c. 591, §6 (AMD). PL 1979, c. 68, §5 (AMD).

Notes of Decisions

Cited in 9 cases (4 in the last 5 years), 1987–2026 · leading case: Springer v. Seaman.

Sort: Relevance Newest Treatment

Springer v. Seaman (D. Me. 1987). “The relevant date is the date of publication of the libel and slander per se, rather than the date of occurrence of any special damages that might have resulted therefrom, because special damages are not an essential element of the claim for libel and slander per se.”

Profit Recovery Grp., USA, Inc. v. Comm'r, Dep't of Admin. & Fin. Servs. (Me. 2005). “14 M.R.S.A. §§ 8102(2), 8103(1), 8104-A (2003).”

Maine Ass'n of Indep. Neighborhoods (M.A.I.N.) v. Comm'r, Maine Dep't of Human Servs. (D. Me. 1988). “Plaintiff also cites caselaw dealing with the Maine Attorney General’s power to waive the state’s common law sovereign immunity in state courts, and a statute (14 M.R.S.A. § 8118) providing that the Maine Tort Claims Act is not to be construed as a waiver of the state’s eleventh…”

Prgu v. Com'r, Dafs (Me. 2005). “2004), provides the State and political subdivisions with the same immunity from tort liability, and the same exceptions to immunity apply to both. 14 M.R.S.A. §§ 8102(2), 8103(1), 8104-A (2003).”

Ross v. Polky (D. Me. 2024). “14 M.R.S. § 8118. That the Maine Civil Rights Act, 5 M.”

Carter v. Maine State Police (D. Me. 2025). “14 M.R.S.A. § 8118 (“Nothing in this chapter or any other provision of state law shall be construed to waive the rights and protections of the State under the Eleventh Amendment .”

Gilbert v. Maine Dep't of Health & Human Servs. (D. Me. 2025). “at 5 (citing 14 M.R.S. § 8118 (2003); Ross, 2024 U.S. Dist.”

Robert Grundstein, J.D. v. Maine Bd. of Bar Examiners, et al. (D. Me. 2026). “To the contrary, the Maine Legislature has enacted a statute that provides it does not waive sovereign immunity “except where such waiver is explicitly stated by law,” 14 M.R.S. § 8118, and Maine has strictly limited the instances where it has authorized a claim against the…”

Warren v. Maine State Prison (D. Me. 2007). “…U.S. 89, 99-100 , 104 S.Ct. 900 , 79 L.Ed.2d 67 (1984); Diaz-Fonseca v. Puerto Rico, 451 F.3d 13, 33 (1st Cir.2006); 14 M.R.S.A. § 8118.”

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