| | This Amendment was proposed and ratified in swift response to an unpopular decision by the U.S. Supreme Court, ''[[Chisolm v. Georgia]]'', 2 U.S. 419 (1793). | | This Amendment was proposed and ratified in swift response to an unpopular decision by the U.S. Supreme Court, ''[[Chisolm v. Georgia]]'', 2 U.S. 419 (1793). |
| | + | {{cquote|The immunity recognized by the Eleventh Amendment extends beyond the states themselves to "state agents and state instrumentalities" that are, effectively, arms of a state. Regents of the Univ. of Cal. v. Doe, 519 U.S. 425, 429, 117 S. Ct. 900, 137 L. Ed. 2d 55 (1997); see also McGinty v. New York, 251 F.3d 84, 95 (2d Cir. 2001). It does not, however, extend to "suits prosecuted against a municipal corporation or other governmental entity which is not an arm of the State." Alden v. Maine, 527 U.S. at 756; see also Board of Trustees v. Garrett, 531 U.S. 356, 369, 121 S. Ct. 955, 148 L. Ed. 2d 866 (2001). Thus, as this court has explained, a governmental entity is entitled to Eleventh Amendment immunity only if "it is more like 'an arm of the State,' such as a state agency, than like 'a municipal corporation or other political subdivision.'" Mancuso v. New York State Thruway Auth., 86 F.3d at 292 (quoting Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 280, 97 S. Ct. 568, 50 L. Ed. 2d 471 (1977)).}} |