California  |  Employment Law

Legal Question

Asked on: 3/17/13, 1:56 pm

In federal district court civil lawsuit, I the plaintiff is asking for monetary

relief against a California state agency.The defendant(agency) is saying my claim

s barred because of Eleventh Amendment and quoting:

"The Eleventh Amendment provides: "The Judicial power of the United States shall

not be construed to extend to any suit in law or equity, commenced or prosecuted

against one of the United States by Citizens of another State, or by Citizens or

Subjects of any Foreign State."

I could not comprehend what above quote mean or how it applies to my case,

1. Does it mean case can not brought against California state agency in a Federal

district court?


2. Because I do not reside in California I am considered citizen of other state

and because of my out of California residence I am barred from filing civil

lawsuit against a California state agency?


3. I am barred from filing lawsuit for some other reason and if so for what??

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