Hans v. Louisiana
Citation: 134 U.S. 1 (1890)
Facts
Hans, a citizen of Louisiana, sued Louisiana in federal court for breach of a contract involving state bonds, invoking federal question jurisdiction under a federal statute. Louisiana raised sovereign immunity as a defense, even though the Eleventh Amendment by its terms only bars suits by citizens of other states.
Issue
Does the Eleventh Amendment (or the doctrine of sovereign immunity it embodies) bar a citizen from suing his own state in federal court?
Holding
Yes. The Supreme Court held that the principle of state sovereign immunity extends beyond the literal text of the Eleventh Amendment to bar suits against a state by its own citizens in federal court.
Rule
State sovereign immunity is a background principle of constitutional law that bars unconsented suits against states in federal court, regardless of whether the plaintiff is a citizen of the defendant state or another state. The Eleventh Amendment partially codifies but does not exhaust this immunity.
Significance
Hans is the foundation for the broad reading of Eleventh Amendment immunity. It is controversial because it extends immunity beyond the Amendment’s text, and scholars debate whether it correctly reflects the original understanding. It is essential context for Ex Parte Young, which carves out the prospective-relief exception.