Zesiger v. Kansas et al.

What the court wrote

Verbatim from the court's document (public domain). Ellipses mark omitted text; nothing is paraphrased.

Fed. R. Civ. P. 8; and (6) the claims are time-barred. The Court will only address Defendants’ first three arguments as they are dispositive. Because the first three arguments all relate to each other, the Court will discuss them in tandem. 1. Whether Eleventh Amendment Immunity Bars Plaintiffs’ Claims against the State and its Officials The Eleventh Amendment provides that “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”19 Generally, the Eleventh Amendment bars suits against states and their agencies based on sovereign immunity.20 “This immunity extends to arms of the state and to state officials who are sued for damages in their official capacity.”21 “Once effectively asserted, Eleventh Amendment immunity constitutes a bar to the exercise of federal subject matter jurisdiction.”22 “The exception established U.S. Const. Amend. XI. Levy v. Kan. Dep’t of Soc. & Rehab. Servs., 789 F.3d 1164, 1168 (10th Cir. 2015). Williams v. Utah Dep’t of Corrs., 928 F.3d 1209, 1212 (10th