Difference between revisions of "42 U.S.C. § 1983"
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'''4. Abbrogation''' | '''4. Abbrogation''' | ||
| − | Using its powers under Article 5 of the 14th Amendment, Congress may abbrogate a state's sovereign immunity.<ref>Fitzpatrick v. Bitzer, 427 U.S. 445 (1976)</ref> | + | Using its powers under Article 5 of the 14th Amendment, Congress may abbrogate a state's sovereign immunity.<ref>Fitzpatrick v. Bitzer, 427 U.S. 445 (1976)</ref>Congress may not abrogate sovereign immunity by the commerce clause or any other Article I power.<ref>Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996)</ref>. Since Fitzpatrick was decided the Supreme Court has emphasized that abbrogation requires: |
| + | #A validly enacted statute pursuant to Article 5 of the 14th Amendment and | ||
| + | #Clear statement from Congress of their intent to abrogate sovereign immunity | ||
==Suits Against Federal Officers== | ==Suits Against Federal Officers== | ||
