Difference between revisions of "42 U.S.C. § 1983"
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<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> | ||
| − | In Georgia v. | + | 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, |
The Supreme Court, however, has circumvented the 11th Amendment in three ways: | The Supreme Court, however, has circumvented the 11th Amendment in three ways: | ||
#Allowing suits against state officers | #Allowing suits against state officers | ||
Revision as of 13:56, 10 August 2010
- ↑ Chisholm v. Georgia, 2 U.S. 419 (1793)
