The 11th amendment will prohibit a federal court from hearing a claim for damages against a state gov't (although not against state officers) unless:
-- the state has consented to allow the lawsuit in federal court;
-- the plaintiff is the US or another state; or
-- congress has clearly granted federal courts the authority to hear a specific type of damage action under the 14th amendment.
The 11th amendment prohibits a federal court from hearing a private party's or foreign gov't's claims against a state gov't.
- The following are barred:
- -- actions against state gov'ts for damages;
- -- actions against state gov'ts for injunctive or declaratory relief where the state is named as a party;
- -- actions against state officers where the effect of the suit will be that retroactive damages will be paid from the state treasury; and
- -- actions against state officers for violating state law.
Congress can remove the states' 11th Amendment immunity under its power to prevent discrimination under the 14th amendment.
- The following are not barred:
- -- actions by the US gov't or other state gov'ts
- -- bankruptcy proceedings;
- -- actions against state officers to enjoin them from violations of federal law
- -- actions against state officers that will result in prospective payments