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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- PUERTO RICO AQUEDUCT AND SEWER
- AUTHORITY v. METCALF & EDDY, INC.
- certiorari to the united states court of appeals for
- the first circuit
- No. 91-1010. Argued November 9, 1992-Decided January 12, 1993
-
- Petitioner, an autonomous Puerto Rico government instrumentality,
- moved to dismiss the diversity action brought against it by respon-
- dent, a private firm, on the grounds that it was an ``arm of the
- State,'' and that the Eleventh Amendment therefore prohibited the
- suit. After the District Court denied the motion, the Court of Ap-
- peals dismissed petitioner's appeal for want of jurisdiction, concluding
- that Circuit precedent barred both States and their agencies from
- taking an immediate appeal on a claim of Eleventh Amendment
- immunity.
- Held:States and state entities that claim to be ``arms of the State''
- may take advantage of the collateral order doctrine of Cohen v.
- Beneficial Industrial Loan Corp., 337 U.S. 541, to appeal a district
- court order denying a claim of Eleventh Amendment immunity from
- suit in federal court. Although 28 U.S.C. 1291 requires that
- appeals be taken from ``final decisions of the district courts,'' Cohen,
- supra, at 546, provides that a ``small class'' of judgments that are not
- complete and final will be immediately appealable. Once it is ac-
- knowledged that a State and its ``arms'' are, in effect, immune from
- federal-court suit under the Amendment, see, e. g., Welch v. Texas
- Dept. of Highways and Public Transportation, 483 U.S. 468, 480, it
- follows that the elements of the collateral order doctrine necessary to
- bring an order within Cohen's ``small class,'' see Coopers & Lybrand
- v. Livesay, 437 U.S. 463, 468, are satisfied. First, denials of Elev-
- enth Amendment immunity claims purport to be conclusive determi-
- nations that States and their entities have no right not to be sued in
- federal court. Second, a motion to dismiss on Eleventh Amendment
- grounds involves a claim to a fundamental constitutional protection
- whose resolution generally will have no bearing on the merits of the
- underlying action. Third, the value to the States of their constitu-
- tional immunity-like the benefits conferred by qualified immunity
- to individual officials, see Mitchell v. Forsyth, 472 U.S. 511, 526-is
- for the most part lost as litigation proceeds past motion practice, such
- that the denial order will be effectively unreviewable on appeal from
- a final judgment. Respondent's claim that the Amendment does not
- confer immunity from suit, but merely a defense to liability, misun-
- derstands the role of the Amendment in our system of federalism and
- is rejected. Moreover, there is little basis for respondent's alternative
- argument that a distinction should be drawn between cases in which
- the determination of an Eleventh Amendment claim is bound up with
- factual complexities whose resolution requires trial and cases in
- which it is not. In any event, the determination of petitioner's
- Eleventh Amendment status does not appear to implicate any ex-
- traordinary factual difficulty and can be fully explored on remand.
- Pp.3-7.
- 945 F.2d 10, reversed and remanded.
-
- White, J., delivered the opinion of the Court, in which Rehnquist,
- C. J., and Blackmun, O'Connor, Scalia, Kennedy, Souter, and
- Thomas, JJ., joined. Blackmun, J., filed a concurring opinion.
- Stevens, J., filed a dissenting opinion.
-