Code of Federal Regulations · Section
§ 35.178 — State Immunity
28 C.F.R. § 35.178
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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.
Authorizing Statute
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Departmental regulations5 U.S.C. § 301
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Functions of the Attorney General28 U.S.C. § 509
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Regulations42 U.S.C. § 12134