State immunity

  1. Law
  2. USC 42
  3. The Public Health And Welfare
  4. EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
  5. MISCELLANEOUS PROVISIONS
  6. State immunity

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§12202. State immunity

A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in 1 Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

( Pub. L. 101–336, title V, §502, July 26, 1990, 104 Stat. 370 .)

References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327 , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables.

1 So in original. Probably should be "in a".


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