There is no Right to Sue a State Entity in Federal Court

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In Roger Brown v. Citizens Property Insurance Corporation,, No. 20-11607, USCA 11th  (February 4, 2021) the Eleventh Circuit was asked to reverse the decision of the District Court that found Citizens Property Insurance Corporation (CPIC) was established by the Florida legislature to provide “affordable property insurance.” Fla. Stat. § 627.351(6)(a)1.  As an entity of the state of Florida the District Court concluded its jurisdiction was barred by the Eleventh Amendment.

ZALMA OPINION

It is important that every lawyer reads and understands the U.S. Constitution. The Eleventh Amendment, coming after the Bill of Rights, is easy to miss, but clearly deprives the Federal Courts of the jurisdiction over a suit by an individual against a state entity. By so doing it limits that right to suits in state court if the state entity has waived sovereign immunity. BIgnored by the court is the fact is that FNMA as a mortgagee has the right to the proceeds of a claim up to the amount of its interest.