Erosion of State Sovereign Immunity and the Eleventh Amendment By Federal Decisional Law

"This cloak of immunity in which state officials can wrap themselves to protect against damage suits brought by citizens under Civil Rights Acts has turned upon the office held by the official and his motive. Thus, through pigeonholing the amount of immunity available to an office-holder have led to varied results from the viewpoint of state officials. in general, officials operating within the judicial and legislative branches have absolute immunity, while those in the executive branch have only qualified immunity."This article will explore recent court decisions discussing the issues of sovereign state immunity from suit in the federal courts via the eleventh amendment and the scope of immunity which state officials have in damage suits under Civil Rights Acts."