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State Sovereign Immunity

Learn about the state governments’ immunity from suit.


I.          Introduction

Sovereign immunity is a legal doctrine that provides, in part, that a government can’t be sued without its consent. The doctrine has its origins in British common law and is based on the idea that the king could do no wrong. In the United States, sovereign immunity typically applies to the federal government and the states.

II.        The Eleventh Amendment and State Sovereign Immunity

The Eleventh...