Can a state be sued for damages under Section 1 of the Fourteenth Amendment?

MultiRegion, United States of America

The following excerpt is from Forziano v. Indep. Grp. Home Living Program, Inc., No. 14-1147-cv(L), No. 14-2217-cv(CON) (2nd Cir. 2015):

exceptions to a state's immunity from a damages suit in federal court."). Thus, plaintiffs fail to distinguish between damages claims under Section 1 of the Fourteenth Amendment, which are barred by the Eleventh Amendment, and claims for injunctive relief, which, in some situations, are not. See Edelman v. Jordan, 415 U.S. 651, 663-64 (1974). Because they lack standing to request injunctive relief and their damages claims are barred by the Eleventh Amendment, plaintiffs' Fourteenth Amendment claims must also be dismissed.

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