What is the test for sovereign immunity in the context of an amended complaint?

MultiRegion, United States of America

The following excerpt is from Shermoen v. U.S., 982 F.2d 1312 (9th Cir. 1992):

Appellants premise their amended complaint on our holding in Burlington Northern v. Blackfeet Tribe, 924 F.2d 899 (9th Cir.1991), cert. denied, --- U.S. ----, 112 S.Ct. 3013, 120 L.Ed.2d 887 (1992), which observed that:

sovereign immunity does not extend to officials acting pursuant to an allegedly

Page 1320

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