puerto rico aqueduct sewer auth metcalf eddy argued november decided january petitioner autonomous puerto rico government instrumentality moved dismiss diversity action brought respondent private firm grounds arm state eleventh amendment therefore prohibited suit district denied motion appeals dismissed petitioner appeal want jurisdiction concluding circuit precedent barred agencies taking immediate appeal claim eleventh amendment immunity held state entities claim arms state may take advantage collateral order doctrine cohen beneficial industrial loan appeal district order denying claim eleventh amendment immunity suit federal although requires appeals taken final decisions district courts cohen supra provides small class judgments complete final immediately appealable acknowledged state arms effect immune federal suit amendment see welch texas dept highways public transportation follows elements collateral order doctrine necessary bring order within cohen small class see coopers lybrand livesay satisfied first denials eleventh amendment immunity claims purport conclusive determinations entities right sued federal second motion dismiss eleventh amendment grounds involves claim fundamental constitutional protection whose resolution generally bearing merits underlying action third value constitutional immunity like benefits conferred qualified immunity individual officials see mitchell forsyth part lost litigation proceeds past motion practice denial order effectively unreviewable appeal final judgment respondent claim amendment confer immunity suit merely defense liability misunderstands role amendment system federalism rejected moreover little basis respondent alternative argument distinction drawn cases determination eleventh amendment claim bound factual complexities whose resolution requires trial cases event determination petitioner eleventh amendment status appear implicate extraordinary factual difficulty fully explored remand pp reversed remanded white delivered opinion rehnquist blackmun scalia kennedy souter thomas joined blackmun filed concurring opinion stevens filed dissenting opinion post richard taranto argued cause petitioner briefs perry rosen paige reffe michael brady peter sipkins argued cause respondent brief michael wahoske paul dieseth carol peterson jay briefs amici curiae urging reversal filed state ohio et al lee fisher attorney general ohio patrick devine andrew sutter assistant attorneys general attorneys general respective jurisdictions follows james evans alabama grant woods arizona winston bryant arkansas daniel lungren california richard blumenthal connecticut robert butterworth florida michael bowers georgia elizabeth guam warren price iii hawaii larry echohawk idaho roland burris illinois linley pearson indiana bonnie campbell iowa robert stephan kansas chris gorman kentucky michael carpenter maine scott harshbarger massachusetts frank kelley michigan mike moore mississippi william webster missouri marc racicot montana frankie sue del papa nevada robert del tufo new jersey tom udall new mexico robert abrams new york lacy thornburg north carolina nicholas spaeth north dakota robert naraja northern mariana islands susan loving oklahoma charles crookham oregon ernest preate pennsylvania jorge perez diaz puerto rico james rhode island travis medlock south carolina mark barnett south dakota charles burson tennessee dan morales texas paul van dam utah jeffrey amestoy vermont mary sue terry virginia kenneth eikenberry washington mario palumbo west virginia james doyle wisconsin joseph meyer wyoming council state governments et al richard ruda michael dzialo clifton elgarten justice white delivered opinion question whether district order denying claim state state entity eleventh amendment immunity suit federal may appealed collateral order doctrine cohen beneficial industrial loan conclude may petitioner puerto rico aqueduct sewer authority prasa autonomous government instrumentality functions provide inhabitants puerto rico adequate drinking water sanitary sewage service service facility proper incidental thereto tit prasa entered consent decree federal environmental protection agency agreed upgrade many wastewater treatment plants ensure compliance federal clean water act prasa subsequently contracted respondent private engineering firm incorporated delaware assist task prasa withheld payments contract light alleged overcharging respondent respondent brought diversity action district district puerto rico alleging breach contract damage business reputation prasa moved dismiss grounds arm state eleventh amendment therefore prohibited suit district found petitioner qualify immunity ability raise funds payment contractual obligations affect commonwealth funds denied motion app pet cert prasa filed timely notice appeal appeals first circuit sought stay proceedings appeal pending denied stay subsequently dismissed appeal want jurisdiction concluding first circuit precedent barred agencies taking immediate appeal claim eleventh amendment immunity discussing libby marshall light conflict decision courts appeals considered issue granted certiorari ii title provides appeal final decisions district courts appeal thereby precluded decision tentative informal incomplete well fully consummated decisions steps towards final judgment merge cohen beneficial industrial loan nevertheless judgment complete final judgment case immediately appealable fall small class finally determine claims right separable collateral rights asserted action important denied review independent cause require appellate consideration deferred whole case adjudicated ibid held orders denying individual officials claims absolute qualified immunity among fall within ambit cohen see nixon fitzgerald mitchell forsyth mitchell bears particularly present case attorney general appealed district order denying motion dismiss grounds qualified immunity appeals held order appealable remanded case trial reversed holding order denying qualified immunity collateral order immediately appealable cohen found absent immediate appeal central benefits qualified immunity avoiding costs general consequences subjecting public officials risks discovery trial forfeited much benefit bond requirement forfeited cohen entitlement immunity suit rather mere defense liability like absolute immunity effectively lost case erroneously permitted go trial mitchell supra emphasis original petitioner maintains agree rationale apply claims eleventh amendment immunity made state entities possessing claim share immunity terms amendment judicial power shall construed extend suit law equity commenced prosecuted one citizens another state amdt withdrawal jurisdiction effectively confers immunity suit thus consistently held unconsenting state immune suits brought federal courts citizens well citizens another state edelman jordan absent waiver neither state agencies acting control may subject suit federal welch texas dept highways public transportation plurality opinion see also michigan dept state police cory white alabama pugh per curiam mt healthy city bd ed doyle established state arms effect immune suit federal follows elements cohen collateral order doctrine satisfied come within small class cohen order must conclusively determine disputed question resolve important issue completely separate merits action effectively unreviewable appeal final judgment coopers lybrand livesay omitted denials state entities claims eleventh amendment immunity purport conclusive determinations right sued federal moreover motion state agents dismiss eleventh amendment grounds involves claim fundamental constitutional protection cf lauro lines chasser scalia concurring whose resolution generally bearing merits underlying action finally value eleventh amendment immunity like benefit conferred qualified immunity individual officials part lost litigation proceeds past motion practice respondent following rationale first circuit case libby marshall maintains eleventh amendment confer immunity suit merely defense liability true petitioner arguably entitled avail collateral order doctrine see van cauwenberghe biard support narrow view eleventh amendment drawn mainly ex parte young suits seeking prospective compensatory retrospective relief may brought state officials federal challenging constitutionality official conduct enforcing state law doctrine ex parte young ensures state officials employ eleventh amendment means avoiding compliance federal law regarded carving necessary exception eleventh amendment immunity see green mansour moreover exception narrow applies prospective relief permit judgments state officers declaring violated federal law past application suits agencies barred regardless relief sought cory white supra rather defining nature eleventh amendment immunity young progeny render amendment wholly inapplicable certain class suits suits deemed officials agencies retain immunity suits federal generally respondent claim eleventh amendment confers protection liability misunderstands role amendment system federalism object purpose amendment prevent indignity subjecting state coercive process judicial tribunals instance private parties ayers amendment rooted recognition although union maintain certain attributes sovereignty including sovereign immunity see hans louisiana thus accords respect owed members federation application collateral order doctrine type case justified part concern unduly burdened litigation ultimate justification importance ensuring dignitary interests fully vindicated respondent argues alternative distinction drawn cases determination state state agency claim eleventh amendment immunity bound factual complexities whose resolution requires trial cases see tr oral arg cf dube state university new york cert denied immediate appeal lie immunity found matter law view example order denying motion dismiss suit named state immediately appealable whereas order issued suit presents difficult factual questions whether agency arm state see little basis drawing line see mitchell forsyth event appear us determination prasa status eleventh amendment implicates extraordinary factual difficulty issue entitlement immunity fully explored appeals remand iii hold state entities claim arms state may take advantage collateral order doctrine appeal district order denying claim eleventh amendment immunity judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes see dube sate university new york cert denied coakley welch cert denied chrissy mississippi dept pub welfare kroll board trustees university illinois cert denied barnes missouri per curiam durning citibank schopler bliss per curiam district also denied absolute immunity order held appealable appeals affirmed us mitchell forsyth result reached today largely anticipated ex parte new york private citizens brought rem libel action federal district ships chartered operated new york state new york moved dismiss ground action nature personam proceeding thus barred eleventh amendment district denied motion state applied writ prohibition although noting state interest pressed appeal issued extraordinary writ order vindicate fully fundamental constitutional rule state may sued federal without consent reason first circuit attempt distinguish mitchell forsyth grounds compared individual officials better able bear burden litigation fails see libby marshall eleventh amendment concerned ability withstand suit privilege sued justice blackmun concurring join opinion write separately make plain position one feature continue believe interpretation eleventh amendment embodying broad principle state immunity suit federal simply reconciled federal system envisioned basic document amendments atascadero state hospital scanlon blackmun dissenting nevertheless believe eleventh amendment preserve state immunity suit limited context action citizen another state foreign country state law cause action brought federal brennan dissenting claim immunity eleventh amendment appealable immediately whether assertion eleventh amendment claim well founded matter us case see ante question separate question whether eleventh amendment interests important denied review independent cause require appellate consideration deferred whole case adjudicated cohen beneficial industrial loan believe eleventh amendment guarantee immunity suit narrow class cases concur opinion judgment regardless merits district denial claim immunity eleventh amendment appealable immediately see sullivan finkelstein opinion concurring judgment justice stevens dissenting case arises commercial dispute respondent private engineering firm puerto rico aqueduct sewer authority prasa authority parties entered multimillion dollar contract providing construction extensive improvements puerto rico wastewater treatment facilities respondent brought suit federal district district puerto rico alleging breach contract authority filed motion dismiss claiming action barred eleventh amendment district concluded claim merit denied motion dismiss appeals dismissed prasa appeal order final within meaning authority private litigant engaged commercial dispute perfectly clear dismissal appeal required precedents denial motion dismiss jurisdictional grounds motion asserts defendant sued particular forum final order within meaning van cauwenberghe biard catlin case prasa makes assertion namely may sued federal forum rather must sued another brief petitioner nonetheless despite decisions biard catlin holds state state entity claiming arm state asserts sued federal forum eleventh amendment final decision rule must give way claim must subject immediate appellate review reasons claim analogous government official claim absolute qualified immunity held subject interlocutory appeal nixon fitzgerald mitchell forsyth agree defense absolute qualified immunity designed shield government officials liability official conduct absence defense held officials hesitate exercise discretion way injuriously affecting claims particular individuals even public interest required bold unhesitating action nixon fitzgerald internal quotation marks citation omitted specter long contentious legal proceeding inhibit government officials exercising authority freedom independence necessary serve public interest held claims absolute qualified immunity subject immediate appeal mitchell forsyth eleventh amendment defense available state entities often labeled immunity label virtually common defense absolute qualified immunity contrast latter defense based eleventh amendment even amendment read broadest contend state state entity shielded liability conduct federal courts without jurisdiction claims state state entity see ante nothing eleventh amendment bars respondent seeking recovery different forum indeed noted petitioner acknowledges seeking immunity conduct merely suit brought courts commonwealth puerto rico brief petitioner plainly interests underlying decisions allowing immediate appeal claims absolute qualified immunity apply immunity one based eleventh amendment whether petitioner must bear burden expense distraction litigation stemming contractual dispute respondent nothing whatsoever eleventh amendment eleventh amendment determines precisely suit may brought amendment goes jurisdiction federal opposed underlying liability state state entity biard catlin nixon mitchell relevant precedent determining whether prasa claim subject interlocutory appeal indeed interests underlying decisions permitting immediate appeal claims absolute qualified immunity apply state state entity objection federal jurisdiction eleventh amendment grounds driving hold prasa claim eleventh amendment subject immediate appeal tells us ante ultimate justification importance ensuring dignitary interests fully vindicated whereas private litigant must suffer litigation federal tribunal despite claim lacks jurisdiction biard catlin state state entity must protected indignity present case jurisdiction underlying merits neutral forum federal district find rationale embarrassingly insufficient mandate appellate jurisdiction limited final decisions district courts predicated upon mer technical conceptions finality catlin serves important interests concerning fair efficient administration justice final decision rule preserves independence trial judge conserves judicial resources necessarily expended piecemeal appeals moreover particular relevance case serves important fairness purpose preventing obstruction claims come permitting harassment cost succession separate appeals various rulings litigation may give rise firestone tire rubber risjord internal quotation marks citation omitted sacrificing interests name preserving freedom independence government officials need carry official duties one thing concern dignitary interest state case state aqueduct sewer authority quite another balance interests easy cost courts parties permitting piecemeal litigation sort clearly outweighs whatever benefit dignity state entities might derive eleventh amendment claims subject immediate appellate review therefore hold denial motion dismiss eleventh amendment grounds subject immediate appellate review accordingly respectfully dissent surprisingly expressly characterized eleventh amendment defense albeit different context partak ing jurisdictional bar edelman jordan