Next Generation Bar Exam Quiz
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CONSTITUTIONAL LAW
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In Regan v. County of Ellis, the court stated: "The Eleventh Amendment protects States, state agencies, and arms of the State, but it does not protect political subdivisions such as counties, cities, or school districts, even when they exercise delegated state authority. Whether an entity is an arm of the State depends principally on whether a judgment against it would be paid from the state treasury, together with the degree of state supervision and the entity's corporate powers. If the entity has its own revenue and the State is not legally liable for its judgments, it is not an arm of the State."
A state statute created the Regional Transit Authority to operate buses across several counties. The Authority is governed by a seven-member board; the governor appoints three members and the participating counties appoint four. Its operations are funded primarily by local sales taxes and passenger fares; state law provides that the State is not liable for any judgments against the Authority. A passenger injured by an Authority bus sues the Authority in federal court for damages, asserting a federal civil-rights claim. The Authority moves to dismiss on Eleventh Amendment grounds.
Should the court grant the Authority's motion to dismiss?
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