Talk:Sovereign immunity in the United States
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Administrative Procedure Act missing from article
editAs I write this, the article fails to mention the sovereign immunity waived by federal statute, 5 U.S. Code § 702, under the Administrative Procedure Act (United States), the latter a Wikipedia article that also fails to mention it. This particular section of the APA waives sovereign immunity by the United States for lawsuits not involving money and for which no other federal statute applies. See also this article The APA waives federal sovereign immunity over declaratory judgment actions as just one supporting reference. I will yield to a regular editor here to consider including this new material. Please mark this topic "Done" afterward. Thanks. 5Q5 (talk) 14:41, 1 May 2019 (UTC)
using 5th Amendment to escape Sovereign immunity
editWant to add to this article (Sovereign immunity in USA), but thought should start things on Talk page. So the Takings Clause of Fifth Amendment to the United States Constitution could be used to escape/avoid Sovereign immunity in the United States (fed court said YES, appeal court said no, & Supreme Court has been petitioned).
The case of Vicki Baker vs city of McKinney, Texas (abbreviated timeline): law enforcement break & poison Vicki's house (& injured dog into being deaf and blind), city refuses to repay, Vicky (with Institute for Justice) wins damages in federal court (2022 piece at Forbes), but the city appealed and a panel of the 5th Circuit reversed the 1st court's decision, so it was reported on 2024 June27 (The Dallas Morning News) that Baker and the Institute of Justice were going to file a petition (on June28) with US Supreme Court, and on June 28 LawAndCrime.com reported that Baker & the Institute had filed that petition (with link to that Supreme Court petition) EarthFurst (talk) 22:59, 21 September 2024 (UTC)
PSA for other editors: State SI in federal courts vs in state courts
editHave split state sovereign immunity into two sections - in state courts and in federal courts. Believe its the best way to organize current landscape of doctrine: working on a related research and will be updating as I go.
A tip for other editors: State sovereign immunity in state court is a matter of state law even for constitutional claims so limitations on sovereign immunity in federal courts do not at all apply in state courts. See e.g., Section 1983 Litigation in State and Federal Courts § 15:24. State sovereign immunity. As a result, there is a common mistake editors have been making:
- It is incorrect to cite caselaw in federal courts against state officials as evidence for those same officials' immunities in state court.
- More importantly, it is incorrect to cite a single state's caselaw for how other states allow/disallow immunity for the state, state officials, local governments etc. At best, can speak on a state by state basis.
Re-organization should make this clear, but page has a long way to go to approach a minimum accuracy because approach has been too general. Will be working on when have time, and welcome help, questions, thoughts. Poplicolascribere (talk) 17:19, 26 June 2026 (UTC)