Galette v. New Jersey Transit Corp. · ¶48
When a State is not named as a defendant in a lawsuit, it may still be the real party in interest. For instance, a damages claim against a state or federal officer in their official capacity is barred by sovereign immunity because “[t]he real party in interest is the government entity, not the named official.” Lewis, 581 U. S., at 162; see Edelman v. Jordan, 415 U. S. 651, 663–665 (1974) (suit for retroactive damages against state official in his official capacity required dismissal because it ran against the state treasury). Similarly, a particular remedy may be barred by sovereign immunity if it runs directly against the State. See Ayers, 123 U. S., at 502–503 (injunction to compel a State's attorney general to perform contract required dismissal because it was “in substance, though not in form, a suit against the state”); Gover nor of Georgia v. Madrazo, 1 Pet. 110, 123–124 (1828)…Read in context ›
preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.