Illinois Court of Claims Opinions

Atascadero State Hospital v. Scanlon

473 U.S. 234 · U.S. Supreme Court · 1985-06-28

Holding

A State waives Eleventh Amendment immunity only by the most express language or overwhelming implication; consent to suit in its own courts is not consent to federal suit.

Context

The federal waiver-clarity rule Illinois cases apply: cited by the Seventh Circuit for why Illinois's Court of Claims scheme does not open the State to federal-court damages actions.

Eleventh Amendmentwaiver standard

Full opinion text (public domain): https://openjurist.org/473/us/234/atascadero-state-hospital-v-scanlon