United States District Court for the District of Oregon

“ The court held that the State of Oklahoma's consent to be sued in its own courts did not create a waiver of its eleventh amendment immunity from suit in federal court:
The immunity may, of course, be waived. [Citation omitted] . When a state authorizes a suit against itself to do justice to taxpayers who deem themselves injured by any exaction, it is not consonant with our dual system for the Federal courts to be astute to read the consent to embrace Federal as well as state courts. ”

“ In light of the serious nature of the eleventh amendment question, the court granted the State of Oregon's request.
The eleventh amendment reads:
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. ”

“ Opinion
FRYE, Judge:
The matter before the court is plaintiff State of Oregon's motion for summary order challenging the jurisdiction of this court to grant injunctive relief against the State of Oregon. The State of Oregon's motion involves (1) the nature and extent of a state's immunity from suit in federal court under the eleventh amendment to the United States Constitution, and (2) what constitutes a waiver of that immunity. ”