States may not sue under § 1983 unless under a:

Question

Quizplus · Accepted Answer

States may only sue under § 1983 in a parens patriae capacity, meaning they are suing on behalf of their citizens rather than in their own interests. This is because the Eleventh Amendment prohibits states from suing other states or the federal government, and § 1983 is a federal law. Thus, the only way a state can sue under § 1983 is if it is acting on behalf of its citizens who have been deprived of their constitutional rights.

States May Not Sue Under § 1983 Unless Under A