Difference between revisions of "42 U.S.C. § 1983"
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==State Sovereign Immunity== | ==State Sovereign Immunity== | ||
| − | + | At common law states were immune from any suit for damages. In Chisholm v. Georgia <ref>Chisholm v. Georgia, 2 U.S. 419 (1793)</ref>, the U.S. Supreme Court broke with tradition by permitting lawsuit by an out of state resident against a state. Outraged by this usurpation of the common law tradition of sovereign immunity, Congress quickly passed the 11th Amendment: | |
<blockquote>"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.</blockquote> | <blockquote>"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.</blockquote> | ||
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| + | On its face the amendment appears to prohibit suits from out-of-state residents against foreign states. However, in Hans v. Louisiana <ref>Hans v. Louisiana, 134 U.S. 1 (1890)</ref>, the amendment was interpreted to prohibit lawsuits against states by both their own citizens and citizens of other states. | ||
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| + | '''Injunctive Relief Suits''' | ||
| + | In Ex Parte Young <ref>Ex parte Young, 209 U.S. 123 (1908)</ref) the United States Supreme Court concluded that the 11th Amendment did not bar suits against '''state officers''' in federal court for injunctive relief. The state argued that the suit was probibited under the 11th Amendment because they were the real party in interest. The court concluded that the state was not the real party in interest because when he acted unconstitutionally, his authority under the state was stripped. | ||
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| + | '''State Officer Suits''' | ||
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In Chisholm v. Georgia <ref>Chisholm v. Georgia, 2 U.S. 419 (1793)</ref>, the U.S. Supreme Court first permitted a lawsuit by an out of state resident against a state. Outraged by this usurpation of the common law tradition of sovereign immunity, | In Chisholm v. Georgia <ref>Chisholm v. Georgia, 2 U.S. 419 (1793)</ref>, the U.S. Supreme Court first permitted a lawsuit by an out of state resident against a state. Outraged by this usurpation of the common law tradition of sovereign immunity, | ||
