2006-01-25_Dan_Cole_v._County_of_Hawaii_-_Order_Granting_Defendants_Motions_to_Dismiss

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Case 1:05-cv-00325-JMS-BMK Document 35 Filed 01/25/2006 Page 5 of 24 False Claims Act claim fails to comply with the procedural requirements for filing such a claim. Consequently, the court GRANTS the Defendants' motions to dismiss. 1. Cole's claims against the State are barred by the Eleventh Amendment The Eleventh Amendment to the United States Constitution provides: The 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. Pursuant to the Eleventh Amendment, states cannot be sued in federal court, whether by their own citizens or citizens of another state. Papasan v. Allain, 478 U.S. 265, 276 (1986); Hans v. Louisiana, 134 U.S. 1 (1890). States may, however, be held to answer in federal court in two limited circumstances: where the state waives its sovereign inununity and where Congress expressly abrogates state sovereign immunity with respect to a particular federal claim. College Say. Bank v. Florida Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666, 675 (1999) (stating that Eleventh Amendment immunity is waivable); Quern v. Jordan, 440 U.S. 332 (1979) (holding that Congress may abrogate Eleventh Amendment immunity in certain circumstances). 5