Bailey v. Ohio State University

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• Ohio State University is an instrumentality of the state entitled to Eleventh Amendment immunity
• Congress did not grant federal question jurisdiction to the courts pursuant to the Fourteenth Amendment, and a federal court lacks similar power to abrogate Eleventh Amendment immunity by recognizing a damage remedy for a constitutional wrong
• “[t]he fact that Congress did not intend to abrogate eleventh amendment immunity for the states means, necessarily, that a state is not a ‘person’ under § 1983 and no suit for any relief may be maintained against the state under § 1983”
• Congress did not grant federal question jurisdiction to the courts pursuant to the Fourteenth Amendment, and a federal court lacks similar power to abrogate Eleventh Amendment immunity by recognizing a damage remedy for a constitutional wrong
• the state is not a person under § 1983
• the state is not a person under § 1983

Source: CourtListener parenthetical corpus (CC0).