action against the state
An action which, because of the immunity of a state from suit under the 11th Amendment to the Constitution of the United States and established principles of jurisprudence, can be had only with the consent of the state. 49 Am J1st States § 91. A suit to restrain state officers from taking steps by means of a judicial proceeding in execution of a state statute to which they do not hold any special relation, is a suit against the state within the meaning of the prohibition of the 11th Amendment. State v Southern Railway Co. 145 NC 495, 59 SE 570.

Ballentine's law dictionary. . 1998.

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