Idaho v. Coeur d'Alene Tribe of Idaho, 521 U.S. 261, 28 (1997)

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288

IDAHO v. COEUR d'ALENE TRIBE OF IDAHO

Opinion of O’Connor, J.

immunity and to insist upon responding to these claims in its own courts, which are open to hear and determine the case.

The judgment of the Court of Appeals is reversed in part, and the case is remanded for proceedings consistent with this opinion.

It is so ordered.

Justice O’Connor, with whom Justice Scalia and Justice Thomas join, concurring in part and concurring in the judgment.

The Coeur d'Alene Tribe of Idaho seeks declaratory and injunctive relief precluding Idaho officials from regulating or interfering with its possession of submerged lands beneath Lake Coeur d'Alene. Invoking the doctrine of Ex parte Young, 209 U. S. 123 (1908), the Tribe argues that the Eleventh Amendment does not bar it from pursuing its claims against state officials in federal court. I agree with the Court that the Tribe's claim cannot go forward in federal court.

In Young, the Court held that a federal court has jurisdiction over a suit against a state officer to enjoin official actions that violate federal law, even if the State itself is immune from suit under the Eleventh Amendment. The Young doctrine recognizes that if a state official violates federal law, he is stripped of his official or representative character and may be personally liable for his conduct; the State cannot cloak the officer in its sovereign immunity. Id., at 159-160. Where a plaintiff seeks prospective relief to end a state officer's ongoing violation of federal law, such a claim can ordinarily proceed in federal court. Milliken v. Bradley, 433 U. S. 267, 289-290 (1977). The doctrine is not, however, without limitations. A federal court cannot award retrospective relief, designed to remedy past violations of federal law. See Edelman v. Jordan, 415 U. S. 651, 668 (1974); Green v. Mansour, 474 U. S. 64, 68-69 (1985).

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