42 USC § 12202 - State immunity

---
identifier: "/us/usc/t42/s12202"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 12202 - State immunity"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "12202"
section_name: "State immunity"
chapter_number: 126
chapter_name: "EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES"
subchapter_number: "IV"
subchapter_name: "MISCELLANEOUS PROVISIONS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 101–336, title V, § 502, July 26, 1990, 104 Stat. 370.)"
---


# 1 State immunity

So in original. Probably should be “in a”.

[^1]

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

---

**Source Credit**: (Pub. L. 101–336, title V, § 502, July 26, 1990, 104 Stat. 370.)

## Editorial Notes

### References in Text

This chapter, referred to in text, was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.