28 CFR § 35.178 - State immunity.

---
identifier: "/us/cfr/t28/s35.178"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 35.178 - State immunity."
title_number: 28
title_name: "Judicial Administration"
section_number: "35.178"
section_name: "State immunity."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "35"
part_name: "NONDISCRIMINATION ON THE BASIS OF DISABILITY IN STATE AND LOCAL GOVERNMENT SERVICES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 28 U.S.C. 509, 510; 42 U.S.C. 12134, 12131, and 12205a."
regulatory_source: "Order No. 1512-91, 56 FR 35716, July 26, 1991, unless otherwise noted."
cfr_part: "35"
---


# 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.