Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. Wisconsin

OPINION AND ORDER

JAMES E. DOYLE, District Judge.

Defendant State of Wisconsin invokes 11th amendment immunity as an affirmative defense to all claims by plaintiffs. The other defendants contend they share in the State’s immunity. Plaintiffs seek declaratory and injunctive relief, and monetary damages for past infringement of their rights. Although defendants have raised a variety of affirmative- defenses, I deal here only with whether 11th amendment immunity is available.

I

A state can waive its 11th amendment immunity. However, because of the gravity of the constitutional immunity afforded…