action against the state
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 323 U.S. 459 - Ford Motor Co. v. Department of Treasury · 1945Most cited · 3,410 citing opinions
The nature of a suit as one against the state is to be determined by the essential nature and effect of the proceeding. ... [W]hen the action is in essence one for the recovery of money from the state, the state is the real, substantial party in interest and is entitled to invoke its sovereign immunity from suit even though individual officials are nominal defendants.
How often courts cite the case defining “action against the state”
Court decisions citing the opinion that defined “action against the state” — 3,389 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.