Legal Definitions - arm of the state

An arm of the state refers to an organization or agency that is created by a state government and operates as a direct extension or representative of that state. These entities are considered so closely tied to the state itself that they share in certain legal protections afforded to the state, most notably immunity from lawsuits in federal court under the Eleventh Amendment of the U.S. Constitution.

This means that if an entity is deemed an "arm of the state," individuals generally cannot sue it in federal court without the state's consent. This protection is often referred to as sovereign immunity. It's important to note that local government bodies, such as cities, counties, or local school districts, are typically not considered "arms of the state" and therefore do not usually share in this specific federal immunity.

Here are some examples illustrating the concept of an "arm of the state":

• State Environmental Protection Agency: Imagine a state establishes an agency specifically tasked with monitoring pollution levels, enforcing environmental laws, and issuing permits for industrial activities within its borders. This agency is funded by the state legislature, its employees are state employees, and its director is appointed by the governor.

  Explanation: This agency acts as a direct extension of the state government's authority to protect its natural resources and public health. Because it is created, funded, and controlled by the state to carry out a core governmental function, it would likely be considered an "arm of the state." This means it would generally be shielded from certain lawsuits in federal court, just like the state itself.

• State Lottery Commission: Consider a state that creates a commission to manage and operate a statewide lottery. All profits generated by the lottery are legally mandated to be directed to specific state programs, such as public education or infrastructure projects. The commission's budget is part of the overall state budget, and its operations are overseen by state officials.

  Explanation: The State Lottery Commission is established by the state legislature to generate revenue for public purposes and is directly accountable to the state government. It performs a function on behalf of the state, making it an "arm of the state." Consequently, it would typically enjoy the same immunity from federal lawsuits as the state government itself.

• State Historical Preservation Office: A state establishes an office dedicated to identifying, protecting, and promoting historical and archaeological sites within its borders. This office receives state funding, employs state staff, and operates under state statutes to ensure the preservation of cultural heritage.

  Explanation: This office serves as the state's official representative in matters of historical preservation, carrying out a public function deemed important by the state. Its creation, funding, and operational control by the state mean it acts as an extension of the state government, qualifying it as an "arm of the state" and granting it similar legal protections.