The Sanders Firm, P.C.: Eleventh Amendment Defense

At New York City’s premiere civil rights practice, The Sanders Firm, P.C., we are ready to handle your complaint regarding your rights as defined in and preserved by the United States Constitution. Lawsuits that focus on protecting our liberties are important for both the individual and the nation. Such cases tend to be complex and involved and they require a knowledgeable, trained, and experienced civil rights attorney. We understand the intricacies of civil rights law and how to navigate what is a treacherous route to justice. Various defenses that the government can use may result in a plaintiff losing their case. One such defense can be invoked by the states when one sues them.

The Eleventh Amendment

The Eleventh Amendment as interpreted by the United States Supreme Court limits the power of federal courts, to hear only certain cases.

The text of the Eleventh Amendment states, “Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”

For example, a state may invoke the Eleventh Amendment as a defense, to ensure its own citizens, those from another state, and people who reside in a foreign land do not sue it in federal court. This protection means that generally, when filing a civil rights lawsuit against a state, one must do it in state court and not in federal court. It preserves state’s rights to a degree while limiting the power of the federal government.

Understanding the Court System

The Eleventh Amendment reminds us that if we are filing a civil rights suit that we need to do so in total comprehension and understanding of the court system, the United States Constitution, and the law. If we are not knowledgeable and experienced, we can find ourselves fighting an uphill battle to get our case heard, wasting time and money. Although the United States Constitution is often seen as protecting the rights of individuals, it actually protects, defines, and establishes the rights of the country, including states, the federal government, and individuals. The Eleventh Amendment is a good example of a part of the U.S. Constitution that does just that.

We Understand

We at The Sanders Firm, P.C. in New York City offer a vast range of knowledge and experience when it comes to civil rights law. The practice offers exemplary service, a total commitment to each client, and a desire to ensure that your day in court is one in which you receive justice. Eric Sanders, the founder and president of the law practice, is a former police officer who is passionate about civil rights. If you believe, you have a civil rights claim against the State of New York contact The Sanders Firm, P.C.