Public-domain · open source
OpenJurist

State sovereign immunity

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 221 U.S. 636 - Hopkins v. Clemson Agricultural College of South Carolina · 1911Most cited · 492 citing opinions

With the exception named in the Constitution, every state has absolute immunity from suit. Without its consent it cannot be sued in any court, by any person, for any cause of action whatever. And, looking through form to substance, the 11th Amendment has been held to apply, not only where the state is actually named as a party defendant on the record, but where the proceeding, though nominally against an officer, is really against the state, or is one to which it is an indispensable party.

How often courts cite the case defining “State sovereign immunity”

1910192019401960198020002020203087

Court decisions citing the opinion that defined “State sovereign immunity” — 489 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.