Multistate Bar Examination Practice Question

The correct answer is that the suit will likely be dismissed because the Eleventh Amendment grants states sovereign immunity from lawsuits for monetary damages brought by private citizens in federal court without the state's consent. This immunity applies to suits brought by citizens of another state, as in this case. Nevada has not consented to the suit, so the jurisdictional bar of the Eleventh Amendment applies. Federal diversity jurisdiction does not overcome Eleventh Amendment immunity. The Ex parte Young doctrine is inapplicable here because it allows for suits against state officials for prospective injunctive relief, not suits against the state itself for retroactive monetary damages. While a suit might potentially be brought against a specific state official in their personal capacity, the suit as filed against the State of Nevada is barred by sovereign immunity.