Cite as: 506 U. S. 139 (1993)
Stevens, J., dissenting
Puerto Rico alleging breach of contract. The Authority filed a motion to dismiss, claiming that the action was barred by the Eleventh Amendment. The District Court concluded that the claim had no merit and denied the motion to dismiss. The Court of Appeals dismissed PRASA's appeal from that order because it was not final within the meaning of 28 U. S. C. § 1291.
If the Authority were a private litigant engaged in a commercial dispute, it would be perfectly clear that the dismissal of its appeal was required by our precedents. For the denial of a motion to dismiss on jurisdictional grounds—a motion that asserts that the defendant cannot be sued in a particular forum—is not a final order within the meaning of § 1291. Van Cauwenberghe v. Biard, 486 U. S. 517, 526-527 (1988); Catlin v. United States, 324 U. S. 229, 236 (1945). In this case, PRASA makes the same assertion—namely, that it may not be sued in a federal forum, but rather must be sued in another court. Brief for Petitioner 4-5.
Nonetheless, despite our decisions in Biard and Catlin, the Court holds that when a State or state entity claiming to be an "arm of the State" asserts that it cannot be sued in a federal forum because of the Eleventh Amendment, the "final decision" rule must give way and the claim must be subject to immediate appellate review. The Court reasons that such a claim is analogous to a government official's claim of absolute or qualified immunity, which we have held is subject to interlocutory appeal. Nixon v. Fitzgerald, 457 U. S. 731 (1982); Mitchell v. Forsyth, 472 U. S. 511 (1985). I cannot agree.
The defense of absolute or qualified immunity is designed to shield government officials from liability for their official conduct. In the absence of such a defense, we have held, "officials would hesitate to exercise their discretion in a way injuriously affecting the claims of particular individuals even when the public interest required bold and unhesitating action." Nixon v. Fitzgerald, 457 U. S., at 744-745 (internal
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