United States sovereign immunity law
E114957
United States sovereign immunity law is the body of legal principles and doctrines that limit when and how the federal government, states, and their agencies can be sued without their consent.
All labels observed (3)
| Label | Occurrences |
|---|---|
| Foreign Sovereign Immunities Act | 1 |
| Georgia claimed sovereign immunity from suit without its consent | 1 |
| United States sovereign immunity law canonical | 1 |
Statements (80)
| Predicate | Object |
|---|---|
| instanceOf |
body of law
ⓘ
legal doctrine ⓘ public law ⓘ |
| appliesTo |
U.S. states
ⓘ
United States government ⓘ
surface form:
United States federal government
federal agencies ⓘ state agencies ⓘ |
| basedOn |
English common law
ⓘ
doctrine of sovereign immunity ⓘ |
| corePrinciple |
conditions on consent to suit are strictly construed in favor of the sovereign
ⓘ
government cannot be sued without its consent ⓘ jurisdiction depends on valid waiver of immunity ⓘ waiver of immunity must be unequivocally expressed ⓘ |
| distinguishes |
suits for damages
ⓘ
suits for declaratory relief ⓘ suits for injunctive relief ⓘ suits in federal court ⓘ suits in foreign courts ⓘ suits in state court ⓘ suits in tribal court ⓘ |
| governedBy |
Article III of the United States Constitution
ⓘ
Eleventh Amendment to the United States Constitution ⓘ Supremacy Clause ⓘ United States Constitution ⓘ |
| implementedBy |
42 U.S.C. § 1983
ⓘ
Administrative Procedure Act ⓘ Bankruptcy Code sovereign immunity provisions ⓘ Bivens doctrine ⓘ Civil Rights Act of 1871 ⓘ Federal Employees Liability Reform and Tort Compensation Act ⓘ Federal Tort Claims Act ⓘ United States sovereign immunity law self-linksurface differs ⓘ
surface form:
Foreign Sovereign Immunities Act
Little Tucker Act ⓘ Quiet Title Act ⓘ Religious Freedom Restoration Act ⓘ Tucker Act jurisdiction ⓘ
surface form:
Tucker Act
|
| includesDoctrine |
Eleventh Amendment to the United States Constitution
ⓘ
surface form:
Eleventh Amendment immunity
Ex parte Young ⓘ
surface form:
Ex parte Young doctrine
abrogation of state sovereign immunity by Congress ⓘ absolute immunity ⓘ derivative sovereign immunity ⓘ federal preemption of state immunity in some contexts ⓘ individual-capacity suits ⓘ official-capacity suits ⓘ qualified immunity ⓘ |
| interpretedBy |
Supreme Court of the United States
ⓘ
United States courts of appeals ⓘ
surface form:
United States Courts of Appeals
United States district courts ⓘ
surface form:
United States District Courts
|
| keyCase |
Alden v. Maine
ⓘ
Board of Trustees of the University of Alabama v. Garrett ⓘ Central Virginia Community College v. Katz ⓘ Chisholm v. Georgia ⓘ College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board ⓘ Ex parte Young ⓘ FDIC v. Meyer ⓘ Federal Housing Administration v. Burr ⓘ Hans v. Louisiana ⓘ Kimel v. Florida Board of Regents ⓘ Lane v. Peña ⓘ Nevada Department of Human Resources v. Hibbs ⓘ Seminole Tribe of Florida v. Florida ⓘ
surface form:
Seminole Tribe v. Florida
Sossamon v. Texas ⓘ Tennessee v. Lane ⓘ United States v. Mitchell ⓘ |
| legalSystem | United States law ⓘ |
| limitedBy |
Section 5 of the Fourteenth Amendment
ⓘ
Spending Clause conditions ⓘ bankruptcy power of Congress ⓘ |
| purpose |
to define when governments may be sued
ⓘ
to protect governmental functions from undue interference by litigation ⓘ |
| relatedTo |
administrative law
ⓘ
civil rights litigation ⓘ constitutional torts ⓘ federal jurisdiction ⓘ federal sovereign immunity ⓘ foreign sovereign immunity ⓘ government liability ⓘ remedies against government ⓘ state sovereign immunity ⓘ tribal sovereign immunity ⓘ |
Referenced by (3)
Full triples — surface form annotated when it differs from this entity's canonical label.
Eleventh Amendment to the United States Constitution
→
category
→
United States sovereign immunity law
ⓘ
United States sovereign immunity law
→
implementedBy
→
United States sovereign immunity law
self-linksurface differs
ⓘ
this entity surface form:
Foreign Sovereign Immunities Act
this entity surface form:
Georgia claimed sovereign immunity from suit without its consent