United States District Court for the District of Oregon

“ 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.
Courts have extended the immunity to cover suits by citizens of a state against their own state. Hans v. Louisiana, 134 U.S. 1 (1890) . Clearly the eleventh amendment bars defendants from proceeding against the State of Oregon unless an exception to the eleventh amendment exists or unless the State of Oregon has waived its eleventh amendment immunity. ”

“ In Pennhurst, the Court engaged in a comprehensive discussion of the origin, nature, and development of eleventh amendment immunity, and stated: A sovereign's immunity may be waived, and the Court consistently has held that a State may consent to suit against it in federal court. ”

“ In both Larson and Dugan, the Court recognized the general rule that a suit is against the sovereign if the effect of the judgment would be "to restrain the government from acting, or to compel it to act." Larson v. Domestic & Foreign Corp., 337 U.S. at 704. However, both courts recognized the exception to that rule when acts are allegedly beyond a state official's statutory authority or allegedly constitutionally void. Dugan v. Rank, 372 U.S. at 621. In Larson, the plaintiff filed an action against federal administrators for an injunction in a contract dispute. ”