---
kind: "section"
citation: "28 C.F.R. § 35.178"
title: "28"
number: "35.178"
heading: "State immunity."
url: "https://uscodex.org/cfr/28/35.178"
---

# §35.178. State immunity.


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 Act. In any action against a State for a violation of the requirements of this Act, 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.


## Notes

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12134, 12131, and 12205a.

### Source

Source: Order No. 1512-91, 56 FR 35716, July 26, 1991, unless otherwise noted.