Farmer’s Action against the Illinois Department of Agriculture Dismissed Under Eleventh Amendment Immunity.

A farmer believed that his cattle were infected by diseases caused by his neighbor’s cattle. He asked the Illinois Department of Agriculture (IDOA) to investigate, which they did. The IDOA concluded that the neighbor’s cattle did not cause the landowner’s cattle’s diseases. The farmer continued to complain to the IDOA and filed Freedom of Information Requests against the IDOA. Eventually, the farmer filed an action against the IDOA and others, alleging civil conspiracy, fraud, and misrepresentation. The court granted IDOA’s motion to dismiss, finding that the action was barred by the Eleventh Amendment to the United States Constitution, which prohibited a private party from filing suit in a federal court against a state, including a state agency, unless one of the following exceptions was present: (1) the state has unequivocally waived Eleventh Amendment immunity and consented to suit in federal court; (2) Congress unequivocally abrogated the state's Eleventh amendment immunity; or (3) the suit is for prospective injunctive relief. The court found that none of the exceptions existed and dismissed the action. Anderson v. United States Dep't of Agric., No. 13-cv-672-JPG-PMF, 2014 U.S. Dist. LEXIS 68239 (S.D. Ill. May 19, 2014).