Estate of Porter v. Illinois
36 F.3d 684 · U.S. Court of Appeals, Seventh Circuit · 1994
Holding
Illinois has not waived its Eleventh Amendment sovereign immunity; waiver requires a state statute, constitutional provision, or act of an official with specific waiver authority.
Context
Standing Seventh Circuit proposition, quoted in later Illinois-suit dismissals: absent a clear and specific state-law waiver, federal courts lack subject-matter jurisdiction over damages suits against the State, its agencies, and officials in their official capacities.
Eleventh Amendmentwaiversovereign immunity
Full text: see Illinois Courts / CourtListener.