Regents of the University of California v. Doe

Summary

Justice Stevens delivered the unanimous opinion holding that the Federal Government's agreement to indemnify a state instrumentality against litigation costs and adverse judgments does not deprive the instrumentality of Eleventh Amendment immunity. The relevant consideration is the entity's potential legal liability, not whether a third party will ultimately pay the judgment. The Court reversed the Ninth Circuit and declined to consider the separate argument that the University was not an arm of the State, because that question was outside the grant of certiorari. There were no separate opinions.