Title 42, The Public Health and WelfareRelease 119-110
§12202 State Immunity
Title 42 › CHAPTER 126 — EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES › SUBCHAPTER IV — MISCELLANEOUS PROVISIONS › § 12202
Summary
A State cannot use Eleventh Amendment immunity to avoid lawsuits under this chapter in federal or state court and must face the same remedies as other public or private entities.
Full Legal Text
Title 42, §12202
The Public Health and Welfare, Source: USLM XML via OLRC
A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in 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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
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.
Reference
Citations & Metadata
Citation
42 U.S.C. § 12202
Title 42, The Public Health and Welfare
Last Updated
Sep 23, 2026
Release point: 119-110