28 U.S.C. § 1331

Section 1331 grants federal-question jurisdiction but does not itself waive the United States’ sovereign immunity.

Dunn & Black Ps v. United States · filed 2007-07-10

Section 1331 “merely provides that the district court shall have original jurisdiction in all civil actions arising under the Constitution, laws or trea- ties of the United States” and “cannot by itself be construed as constituting a waiver of the government’s defense of sovereign immunity.” Gilbert, 756 F.2d at 1458-59.

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity for damages or injunctive relief.

ROSEBERRY-ANDREWS v. Wynne · filed 2007-08-30

This provision does not expressly and unequivocally waive the immunity of the United States from suit, for either money damages or injunctive relief, and Roseberry-Andrews does not identify any statute that provides a cause of action for her grievance as to which the United States has waived its sovereign immunity.

Section 1331’s grant of federal-question jurisdiction does not waive the United States’ sovereign immunity.

Reading v. United States · filed 2007-09-13

None of these statutes establishes the prerequisite to a suit against the federal government — waiver of sovereign immunity. ... Similarly, merely raising an issue of federal question or diversity does not effect a waiver, id. at 352, nor does the general grant of jurisdiction of § 1340.

Section 1331 does not waive federal sovereign immunity, so a claim against the United States needs an independent waiver.

De Archibold v. United States · filed 2007-09-14

Section 1331 does not operate as a waiver of sovereign immunity.

Section 1331 grants district courts federal-question jurisdiction but does not waive the federal government’s sovereign immunity.

Walton v. Federal Bureau of Prisons · filed 2008-02-05

Defendants correctly note that 28 U.S.C. § 1331 confers federal question jurisdiction on the district courts and that 28 U.S.C. § 2201 authorizes declaratory relief as a remedy. ... Neither provision waives the federal government’s sovereign immunity.

Section 1331 confers federal-question jurisdiction over claims against the United States only when another statute waives sovereign immunity.

Kim v. United States Citizenship & Immigration Services · filed 2008-03-18

Although immigration law is exclusively federal, and 28 U.S.C. § 1331 grants the court jurisdiction over all “civil actions arising under the Constitution, laws or treaties of the United States,” section 1331 will only confer subject matter jurisdiction where some other statute provides a waiver of sovereign immunity.

Section 1331 does not itself waive the United States’ sovereign immunity from damages claims.

Pollinger v. United States · filed 2008-03-25

Similarly, while Plaintiff cites to various statutes that grant this Court jurisdiction over certain types of claims (including 28 U.S.C. §§ 1331 and 1346), those statutes do not. themselves waive sovereign immunity, and therefore do not provide jurisdiction over Plaintiffs claims for damages.

Section 1331 confers federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Munaco v. United States · filed 2008-04-15

Munaco also argued that his challenge to the validity of the federal tax lien raised a federal question over which the district court could exercise jurisdiction. See 28 U.S.C. § 1331. However, jurisdictional statutes, such as the statute giving federal district courts original jurisdiction of civil actions arising under Constitution, laws, or treaties of United States, do not operate as waivers of sovereign immunity. Leistiko v. Stone, 134 F.3d 817, 820 (6th Cir.1998).

Section 1331 does not itself waive the federal government’s sovereign immunity.

Chapin v. United States Internal Revenue Service · filed 2008-05-01

Contrary to Chapin’s contentions, 28 U.S.C. § 1331 “cannot by itself be construed as constituting a waiver of the government’s defense of sovereign immunity.” Gilbert, 756 F.2d at 1458.

Section 1331 does not waive the federal government’s sovereign immunity; a party suing the government must identify a separate waiver to establish jurisdiction.

Normandy Apartments, Ltd. v. U.S. Department of Housing & Urban Development · filed 2009-02-09

Because general jurisdictional statutes, such as 28 U.S.C. § 1331, do not waive the Government’s sovereign immunity, a party seeking to assert a claim against the government under such a statute must also point to a specific waiver of immunity in order to establish jurisdiction.

Section 1331 grants federal-question jurisdiction but does not waive the sovereign immunity of the United States.

GOLDEN AND ZIMMERMAN, LLC v. Domenech · filed 2009-02-27

Similarly, 28 U.S.C. § 1331, the general federal question statute, serves "merely [as] a jurisdictional grant that in no way affects the sovereign immunity of the United States." Id. (quoting Radin v. United States, 699 F.2d 681, 685 n. 9 (4th Cir. 1983)).

Section 1331 grants federal-question jurisdiction but does not itself waive the United States’ sovereign immunity.

Protect Lake Pleasant, LLC v. McDonald · filed 2009-03-23

Section 1331 is an undeniably broad jurisdictional grant, but in and of itself that statute is not a waiver of sovereign immunity.

Section 1331 gives district courts original jurisdiction over federal-question civil actions but does not waive the United States’ sovereign immunity.

United States v. Park Place Association · filed 2009-04-22

For example, 28 U.S.C. § 1331 grants district courts original jurisdiction over “all civil actions arising under the Constitution, laws or treaties of the United States,” but it does not waive sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity; a separate waiver is required for claims against the United States.

Harrison v. United States · filed 2009-04-29

As to Harrison’s constitutional claims, he wholly failed to identify any waiver of sovereign immunity that would permit those claims to proceed against the United States. ... “While 28 U.S.C. § 1331 grants the court jurisdiction over all ‘civil actions arising under the Constitution, laws or treaties of the United States,’ it does not independently waive the Government’s sovereign immunity; § 1331 will only confer subject matter jurisdiction where some other statute provides such a waiver.”

Section 1331 grants general federal-question jurisdiction but does not waive federal sovereign immunity.

Zynger v. Department of Homeland Security · filed 2009-05-11

Moreover, 28 U.S.C. § 1331 is merely a general jurisdictional grant-it does not waive sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not generally waive the United States’ sovereign immunity.

Bank of America, N.A. v. United States Internal Revenue Service · filed 2009-07-10

However, it is well established § 1331, provides no general waiver of sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive sovereign immunity; a plaintiff suing the federal government must identify a separate waiver.

Smith v. Krieger · filed 2009-08-03

As noted in the Magistrate Judge’s recommendation, neither the jurisdictional statutes cited by Plaintiff — 28 U.S.C. §§ 1331 and 1343 — nor the other statutes and constitutional amendments referred to in Plaintiffs complaint — 42 U.S.C. § 1983, 28 U.S.C. §§ 2201-02 and 1651, and the First, Fifth, and Fourteenth Amendments to the Constitution — waive sovereign immunity.

Section 1331 confers federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Grondal v. United States · filed 2010-01-12

First, while it is well settled that 28 U.S.C. § 1331 is a jurisdictional statute, it is not a waiver of the United States’ sovereign immunity.

Section 1331 grants federal-question jurisdiction but neither waives federal sovereign immunity nor creates substantive rights.

Sutera v. Transportation Security Administration · filed 2010-04-29

While plaintiff cites 28 U.S.C. § 1331 as a basis for jurisdiction for his claims, Compl. ¶ 2, that section is “merely a jurisdictional grant” that neither waives sovereign immunity nor confers substantive rights.

Section 1331 provides general federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Rae v. United States (In Re Rae) · filed 2010-08-25

“Section 1331 of Title 28 of the Code is merely the general federal question jurisdictional statute,” and does not constitute a waiver of sovereign immunity.

Section 1331 does not waive the federal government’s sovereign immunity from suit.

Gilmore v. Salazar · filed 2010-09-21

General jurisdictional statutes, such as 28 U.S.C. § 1331, do not waive the government’s sovereign immunity from suit.

Section 1331 does not waive the United States’ sovereign immunity from suit.

United States v. Stuler · filed 2010-10-06

Federal courts lack jurisdiction over claims against the United States unless Congress expressly and unequivocally waives the United States’ immunity to suit. See United States v. Bein, 214 F.3d 408, 412 (3d Cir. 2000). A litigant may not rely on the general federal question jurisdiction of 28 U.S.C. § 1331, as Stuler did.

Section 1331 does not waive the federal government’s sovereign immunity.

Pollack v. Duff · filed 2011-08-24

According to the complaint, plaintiff purports to bring her claims under 28 U.S.C. §§ 1331, 1332, 1343, and 2201. Compl. ¶ 2. But none of these statutes constitutes a waiver of sovereign immunity.

Section 1331 grants general federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Robinson v. Salazar · filed 2012-01-18

Sections 28 U.S.C. §§ 1331 and 1337 are statutes of general jurisdiction, but they do not waive the United States’ sovereign immunity.

Section 1331 does not waive the federal government’s sovereign immunity.

Wallace v. Holder · filed 2012-03-01

Thus, Ms. Wallace’s reliance on §§ 1331 and 1343 to establish sovereign immunity waiver is foreclosed.

Section 1331 does not waive the United States’ sovereign immunity; a plaintiff suing the United States must establish a separate waiver.

1200 Sixth Street, LLC v. United States · filed 2012-03-16

The plaintiff alleges that the Court has jurisdiction of this claim under 28 U.S.C. § 1331. However, the plaintiff has failed to allege a waiver of sovereign immunity that vests this Court with jurisdiction.

Section 1331 supplies federal-question jurisdiction, but relief against the United States requires a separate statutory waiver of sovereign immunity.

Offiiong v. Holder · filed 2012-03-27

Because the United States may not be sued except to the degree it has consented to suit by a statute that unequivocally and expressly states that government waives its sovereign immunity, to secure relief against it under § 1331 the suit must be tied to such an additional authority.

Section 1331 grants federal-question jurisdiction but does not waive sovereign immunity.

Stone v. Holder · filed 2012-05-09

Plaintiff premises jurisdiction on 28 U.S.C. § 1331, but that statute, which establishes this Court’s jurisdiction over federal questions, does not provide a waiver of sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive federal sovereign immunity.

Stone v. Department of the Treasury · filed 2012-05-09

The Court has already determined that 28 U.S.C. § 1331 does not waive sovereign immunity.

Section 1331 establishes federal-question jurisdiction but does not waive sovereign immunity.

Stone v. Department of Housing and Urban Development · filed 2012-05-09

Plaintiff premises jurisdiction on 28 U.S.C. § 1331, but that statute, which establishes this Court’s jurisdiction over federal questions, does not provide a waiver of sovereign immunity.

Section 1331 does not waive the sovereign immunity of the United States.

Allen v. United States · filed 2012-05-15

The government is correct that plaintiffs’ asserted bases for jurisdiction in this action — Sections 1331, 1361 and 1337 — do not waive the sovereign immunity of the United States.

Section 1331 does not waive the United States’ sovereign immunity from suit.

Moher v. United States · filed 2012-06-08

28 U.S.C. § 1331 is not an unequivocal waiver by the United States of its sovereign immunity from suit.

Section 1331 establishes federal-question jurisdiction but does not waive sovereign immunity.

United States v. Dillard · filed 2012-08-07

Dillard also cites 28 U.S.C. § 1381, which establishes federal question jurisdiction, but that provision contains no waiver of sovereign immunity.

Section 1331 grants general federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Robinson v. Salazar · filed 2012-08-07

Sections 28 U.S.C. §§ 1331 and 1337 are statutes of general jurisdiction, but they do not waive the United States’ sovereign immunity.

Section 1331 does not waive the federal government’s sovereign immunity from suit.

Weeks v. Housing Authority · filed 2012-08-24

After reviewing each statute’s text, the Court holds that none of them contain an express waiver of sovereign immunity. The federal question statute does not waive sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not itself waive federal sovereign immunity, so a suit against the United States requires a separate statutory waiver.

Smith v. United States Department of Agriculture · filed 2012-08-28

Thus, a plaintiff may rely on 28 U.S.C. § 1331 to establish subject matter jurisdiction only if there is another statutory provision waiving the federal government’s sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not itself waive the United States’ sovereign immunity.

Administrative Subpoena Walgreen Co. v. United States Drug Enforcement Administration · filed 2012-12-21

It is well-settled that Section 1381 “is not a general waiver of sovereign immunity. It merely establishes a subject matter that is within the competence of federal courts to entertain.” Coggeshall Dev. Corp. v. Diamond, 884 F.2d 1, 4 (1st Cir.1989) (citation omitted); Humphreys v. United States, 62 F.3d 667 (5th Cir.1995) (holding that 28 U.S.C. § 1331, by granting district courts jurisdiction over constitutional claims, does not thereby waive sovereign immunity).

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Villegas v. United States · filed 2013-01-30

Plaintiff first alleges jurisdiction and waiver under 28 U.S.C. § 1331 (“federal question” jurisdiction). ... Although the statute may provide subject matter jurisdiction for Plaintiffs claims, it does not waive sovereign immunity for those claims.

Section 1331 does not waive the federal government’s sovereign immunity.

Eastern Pequot Tribal Nation v. Salazar · filed 2013-03-31

As defendants note, plaintiff also alleges that jurisdiction is proper under 28 U.S.C. § 1331, but that statute does not provide a waiver of sovereign immunity.

Section 1331 does not abrogate New York’s Eleventh Amendment sovereign immunity.

Tiraco v. New York State Board of Elections · filed 2013-08-07

Indeed, none of the federal statutes invoked by Plaintiff — namely, 42 U.S.C. § 1983, 28 U.S.C. § 1343, and 28 U.S.C. § 1331 — override New York’s sovereign immunity.

Section 1331 requires a separate waiver of sovereign immunity for a party to obtain relief against the United States.

Jama v. United States Citizenship & Immigration Services · filed 2013-08-19

In order for a party to use § 1331 to obtain relief against the United States, there must be some additional authority that waives the government’s sovereign immunity.

Section 1331 confers federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Morris v. United States · filed 2013-08-23

The only purported waiver of sovereign immunity identified by Mrs. Morris is 28 U.S.C. § 1331, which is the general statute conferring federal-question jurisdiction on the district courts. But “jurisdictional statutes, such as the statute giving federal district courts original jurisdiction of civil actions arising under Constitution, laws, or treaties of United States, do not operate as waivers of sovereign immunity.” Munaco v. United States, 522 F.3d 651, 653 n.3 (6th Cir. 2008); accord Mitchell, 445 U.S. at 538.

Section 1331 does not waive the federal government's sovereign immunity from suit.

Gabriel v. General Services Administration · filed 2013-11-22

Further, we have consistently held that § 1331 “does not waive the government's sovereign immunity from suit.”

Section 1331 cannot alone support jurisdiction over a suit against the United States; a waiver of sovereign immunity is also required.

NATIONAL MOTOR FREIGHT TRAFFIC ASSOCIATION INC v. GENERAL SERVICES ADMINISTRATION · filed 2014-03-12

Although all three counts in plaintiffs’ complaint arise under federal law, 28 U.S.C. § 1331 cannot serve as the basis for the Court’s jurisdiction in this case because when a case is filed against the United States, there must also be a waiver of sovereign immunity.

Section 1331 does not independently waive sovereign immunity.

Chickasaw Nation v. Department of the Interior · filed 2014-04-16

The general jurisdictional statutes cited by the Nations, 28 U.S.C. §§ 1331 and 1362... do not waive sovereign immunity.

Section 1331 does not provide an express waiver of sovereign immunity.

Z Street, Inc. v. Koskinen · filed 2014-05-27

As an initial matter, Defendant is correct that neither Section 2201 nor Section 1331 of Title 28 provides an express waiver of sovereign immunity.

Section 1331 does not provide an express waiver of sovereign immunity.

Z Street v. Shulman · filed 2014-05-27

As an initial matter, Defendant is correct that neither Section 2201 nor Section 1331 of Title 28 provides an express waiver of sovereign immunity.

Section 1331 does not by itself waive federal sovereign immunity.

Stone v. Donovan · filed 2014-11-03

Federal question jurisdiction does not by itself waive sovereign immunity.

Section 1331 does not waive federal sovereign immunity; a claimant suing the United States must identify a separate waiver to establish jurisdiction.

Pueblo of Jemez v. United States · filed 2015-06-26

Thus, “[b]ecause general ... jurisdictional statutes, such as 28 U.S.C. § 1331, do not waive the Government’s sovereign immunity, a party seeking to assert a claim against the government under such a statute must also point to a specific waiver of immunity in order to establish jurisdiction.”

Section 1331 does not waive the United States’ sovereign immunity; a claimant suing the government must identify a separate waiver to establish jurisdiction.

Pueblo of Jemez v. United States · filed 2015-07-21

Thus, “[b]ecause general ... jurisdictional statutes, such as 28 U.S.C. § 1331, do not waive the Government’s sovereign immunity, a party seeking to assert a claim against the government under such a statute must also point to a specific waiver of immunity in order to establish jurisdiction.”

Section 1331 does not waive the United States’ sovereign immunity from suit.

Flathead Irrigation District v. Jewell · filed 2015-08-19

In their Amended Complaint and brief in response to the motion to dismiss, Plaintiffs reference the Declaratory Judgment Act, 28 U.S.C. § 2201, and general federal question statute, 28 U.S.C. § 1331, as supplying the Court with jurisdiction over their claims. It is well-established, however, that neither the Declaratory Judgment Act nor the general federal question statute provide the necessary waiver of- sovereign immunity, for suits against the United States.

Section 1331 does not waive federal sovereign immunity, so a plaintiff suing federal officials in their official capacities needs a separate waiver.

Wright v. Langdeau · filed 2016-01-25

By challenging the Defendants’ actions solely under 28 U.S.C. § 1331, Plaintiffs are attempting to use a basis for jurisdiction that does not apply.

Section 1331 confers general federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Clark v. Lynch · filed 2016-09-29

Plaintiff cites 28 U.S.C. § 1331. But, this statute, which confers general ...federal question jurisdiction, does not waive the government’s sovereign immunity.

Section 1331 establishes federal-question jurisdiction but does not waive the United States’ sovereign immunity.

South Carolina v. United States · filed 2016-10-31

“Section 1331 ‘is not a general waiver of sovereign immunity. It merely establishes a subject matter that is within the competence of federal courts to entertain.’ ”

Section 1331 confers federal-question jurisdiction but does not itself waive the United States’ sovereign immunity.

Chance v. Zinke · filed 2017-04-18

As the. Federal Defendants correctly state, and Plaintiff does not dispute, .the United States’ sovereign immunity is not.waived under the general, jurisdiction statutes, 28 U.S.C. § 1331 and 28 U.S.C. § 1346.

Section 1331 does not confer federal-question jurisdiction over a tribe’s interpretation and application of its own sovereign immunity ordinance.

Lesperance v. Sault Ste. Marie Tribe of Chippewa Indians · filed 2017-04-27

Lesperance has not cited any authority in support of the assertion that, the issue of whether the tribe waived sovereign immunity under the Tribe’s own ordinance presents a federal question under 28 U.S.C. § 1331. ... Whether the Tribe correctly interpreted and applied its own ordinance does not present a federal question.

Section 1331 provides federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Kansas ex rel. Kansas Department for Children & Families v. SourceAmerica · filed 2017-10-31

The APA does not confer subject-matter jurisdiction upon the federal courts, and § 1331 does not waive sovereign immunity.

Section 1331 grants general federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Stanko v. Oglala Sioux Tribe · filed 2018-04-10

“Section 1331 sets forth the general federal question jurisdiction of federal district courts, but is not a general waiver of sovereign immunity allowing suits against the government.”

Section 1331 grants federal-question jurisdiction but does not create a cause of action or waive sovereign immunity.

BNSF Ry. Co. v. Equal Emp't Opportunity Comm'n · filed 2018-11-27

Section 1331 therefore provides only for jurisdiction-it does not supply a cause of action or waive sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive the federal government’s sovereign immunity.

Viola v. Federal Deposit Insurance Corp · filed 2019-06-14

He appears to premise jurisdiction on a combination of 28 U.S.C. § 1331 (federal-question jurisdiction), 18 U.S.C. § 3664 (the MVRA), and 28 U.S.C. § 1361 (the Mandamus Act). See Compl. at 3–4. But none of these statutes waives sovereign immunity.

Section 1331 does not abrogate the United States’ sovereign immunity.

Spangler v. Centers for Medicare and Medicaid Services · filed 2019-09-04

This reference is misplaced, however, as 28 U.S.C. § 1331 does not abrogate sovereign immunity.

Section 1331 provides federal-question jurisdiction over constitutional due process claims but does not waive the federal government’s sovereign immunity.

Ondrisek v. US Immigration Service · filed 2019-09-23

Because they allege a due process claim under the United States Constitution, their claim is a federal question arising under federal law, as § 1331 requires. However, “[s]ection 1331 does not waive the government’s sovereign immunity from suit.”

Section 1331 does not permit a suit against a federal agency without a waiver of sovereign immunity.

Soto v. United States Marshalls · filed 2019-10-04

The USMS cannot be sued under the court’s federal question jurisdiction without evidence of a waiver of sovereign immunity.

Section 1331 does not waive the federal government’s sovereign immunity; jurisdiction over the government requires a separate waiver.

Maehr v. U.S. State Department · filed 2020-02-28

Plaintiff’s complaint also alleges that the Court has subject matter jurisdiction under 28 U.S.C. § 1331. However, this section “does not waive the government’s sovereign immunity,” and “district court jurisdiction cannot be based on § 1331 unless some other statute waives sovereign immunity.” Merida Delgado v. Gonzales, 428 F.3d 916, 919 (10th Cir. 2005) (quoting Neighbors for Rational Dev., Inc. v. Norton, 379 F.3d 960-61 (10th Cir. 2004)).

Section 1331 confers federal-question jurisdiction but does not waive sovereign immunity; a suit against the United States or its agencies requires a separate waiver.

Cambranis v. Pompeo · filed 2020-03-24

Consequently, it is not enough to merely rely on § 1331 for jurisdiction when suing the United States or its agencies.

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Leachman v. United States · filed 2020-03-30

Section 1331 makes no mention of any waiver of sovereign immunity. It merely provides that federal district courts “shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331.

Section 1331 grants federal-question jurisdiction but does not itself waive the federal government’s sovereign immunity.

Livas v. Myers · filed 2020-04-22

Section 1331 is a general jurisdictional statute providing the district court with jurisdiction for “all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. General jurisdictional statutes do not independently waive the Government’s sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Brown v. Oregon Department of Transportation · filed 2020-06-05

Section 1331 creates federal court jurisdiction for claims “arising under the Constitution, laws, or treaties of the United States,” but it does not waive the United States’ sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not itself waive sovereign immunity.

R.V. v. Mnuchin · filed 2020-06-19

It is true that “section 1331 is not a general waiver of sovereign immunity” and “merely establishes a subject matter that is within the competence of federal courts to entertain.” Randall v. United States, 95 F.3d 339, 345 (4th Cir. 1996) (internal quotation marks omitted).

Section 1331 grants general federal-question jurisdiction but does not waive the United States’ sovereign immunity.

McNeil v. USA · filed 2020-06-22

Sections 1331, 1332(a)(2), and 1356 are general jurisdiction statutes and do no serve to waive sovereign immunity.

Section 1331 grants general federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Alegre v. Contreras · filed 2020-08-12

Sections 28 U.S.C. §§ 1331 and 1337 are statutes of general jurisdiction, but they do not waive the United States’ sovereign immunity.

Section 1331 does not waive sovereign immunity without an additional statutory waiver.

Bank v. Wolfe · filed 2020-08-17

First, 28 U.S.C. § 1331 does not serve as a waiver of sovereign immunity without some additional statutory waiver.

Section 1331 grants federal-question jurisdiction but does not waive sovereign immunity for federal officials sued in their official capacities.

Strickland v. United States of America · filed 2020-12-30

Accordingly, section 1331 does not waive the Official Capacity Defendants’ sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Viola v. Ohio Attorney General · filed 2021-02-11

Section 1331 of Title 28 provides that “the district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. This provision is generally referred to as the federal question jurisdiction statute. However, the relevant question is not whether Plaintiff's claims arise under federal law, but instead whether the United States has consented to being sued. “On this question, § 1331 is silent and does not constitute a waiver of sovereign immunity.”

Section 1331 grants general federal-question jurisdiction but does not create a cause of action or waive sovereign immunity.

Gibson v. Wilson · filed 2021-02-12

But while section 1331 provides for general federal jurisdiction—it does not supply a cause of action or waive sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity.

United Aeronautical Corporation v. United States Air Force · filed 2021-03-02

However, section 1331 does not waive sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Glenewinkel v. Carvajal · filed 2021-07-14

But the language of § 1331 does not include any explicit waiver of sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not itself waive the United States’ sovereign immunity.

Moran v. Wolf · filed 2021-09-07

As for 28 U.S.C. § 1331, which confers original jurisdiction to the district courts of “all civil actions arising under the Constitution, laws, or treaties of the United States[,]” the Ninth Circuit has instructed that statute “cannot by itself be construed as constituting a waiver of the government’s defense of sovereign immunity.”

Section 1331 does not create substantive rights or waive the United States’ sovereign immunity; relief against the United States requires an additional waiver.

Johnson-Bey v. United States of America · filed 2021-09-15

Plaintiff also references 28 U.S.C. § 1331, but “§ 1331 does not, in and of itself, create substantive rights in suits brought against the United States. Thus, if § 1331 is to be used to secure relief against the United States, it must be tied to some additional authority which waives the government’s sovereign immunity.”

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity.

MATRAJT v. THE UNITED STATES PROBATION OFFICE FOR THE WESTERN DISTRICT OF PENNSYLVANIA · filed 2021-09-20

The Amended Complaint asserts generally that the Court has jurisdiction under 28 U.S.C. § 1331 and the Declaratory Judgment Act, 28 U.S.C. § 2201. ... Neither of these statutes waives the United States’ sovereign immunity, however.

Section 1331 does not waive the federal government’s sovereign immunity.

Keough v. United States of America · filed 2021-12-13

As a preliminary matter, neither 28 U.S.C. § 1331 (federal question jurisdiction) nor § 2201 (Declaratory Judgment Act) operates as a waiver of sovereign immunity.

Section 1331 does not itself waive federal sovereign immunity; a claim against the United States requires a separate waiver.

Nycal Offshore Development Corporation v. Bernhardt · filed 2021-12-21

Second, as the Secretary again correctly notes, see Def.’s Mem. at 11, § 1331 does not by itself waive sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive the Federal Government’s sovereign immunity.

McMillan v. Garland · filed 2022-01-05

Thus, Plaintiff cannot establish subject-matter jurisdiction under § 1331 because the statute does not waive the Federal Government’s sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Owyhee County, State of Idaho v. United States · filed 2022-01-05

Section 1331 concerns the Court’s authority to adjudicate a particular type of claim and provide the relief sought. It does not constitute a waiver of sovereign immunity.

Section 1331 does not waive the United States’ sovereign immunity for a claim seeking monetary damages for alleged violations of federal law.

Blue Angel Realty, Inc. v. United States of America · filed 2022-01-08

The AC alleges that the Court may exercise jurisdiction over its claims under three statutes: (i) the federal question statute, 28 U.S.C. § 1331; (ii) the FTCA, 28 U.S.C. § 1346(b); and (iii) the Mandamus Act, 28 U.S.C. § 1361. (AC ¶ 57). None of these statutes waives the federal government’s immunity with respect to Plaintiff’s claim, which seeks monetary damages for alleged violations of federal law.

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity; jurisdiction over a suit against the United States requires a separate statutory waiver.

Phillips v. United States of America · filed 2022-03-09

Thus, the district court may not base its jurisdiction on § 1331 without another statute also waiving sovereign immunity.

Section 1331 does not waive the federal government's sovereign immunity.

AV2 v. MCDONOUGH · filed 2022-04-20

First, she asserts the Court has subject matter jurisdiction under 28 U.S.C. § 1331 and 1361. (Compl. ¶¶ 16, 22.) Neither the general federal question nor the mandamus statute, however, waives sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not itself waive the United States’ sovereign immunity.

Ou-Young v. County of Santa Clara · filed 2022-06-29

Under 28 U.S.C. § 1331, a district court has original jurisdiction in all civil actions arising under the Constitution, laws or treaties of the United States, but the statute “cannot by itself be construed as constituting a waiver of the government’s defense of sovereign immunity.”

Section 1331 does not waive the federal government's sovereign immunity.

Morales v. United States Drug Enforcement Administration · filed 2022-08-31

The statutes pled in the Complaint include the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202, and 28 U.S.C. §§ 1331 and 1343. However, these statutes do not waive sovereign immunity.

Section 1331 does not waive the federal government's sovereign immunity.

Antunes v. Rector and Visitors of the University of Virginia · filed 2022-09-12

The general federal question statute, 28 U.S.C. § 1331, “is not a general waiver of sovereign immunity.” Randall v. United States, 95 F.3d 339, 345 (4th Cir. 1996).

Section 1331 does not waive sovereign immunity.

Mathis v. Texas Department of Family and Protective Services · filed 2022-10-12

In addition to the Fourth and Fourteenth Amendments, Mathis asserts jurisdiction under 28 U.S.C. § 1331; however, § 1331 is not a waiver of sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive sovereign immunity.

Horton v. Garland · filed 2022-10-20

Plaintiff relies upon federal question jurisdiction for his action, but 28 U.S.C. § 1331, which establishes the court’s jurisdiction over federal questions, does not provide a waiver of sovereign immunity.

Section 1331 does not confer jurisdiction over a claim against the federal government unless the government has waived sovereign immunity.

Bazurto-Romo v. Mayorkas · filed 2023-01-17

Regarding § 1331, Plaintiff's claims do arise under federal law. But the Court agrees with Defendants and its 2020 order that the "mere assertion that general jurisdictional statutes apply does not suffice to confer jurisdiction when, as in this case, the government did not waive its immunity."

Section 1331 alone does not provide jurisdiction over an agency action unless another statute waives sovereign immunity.

Elldakli v. Garland · filed 2023-04-04

And § 1331 alone does not provide jurisdiction for agency actions unless a statute, such as the APA, has waived sovereign immunity.

Section 1331 grants general federal-question jurisdiction but does not waive sovereign immunity.

Lacey v. Department of Veterans Affairs · filed 2023-05-05

Section 1331, as the Secretary points out, is merely the general federal jurisdiction statute, which does not waive sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Fedorova v. Foley · filed 2023-05-16

However, “[t]he federal question jurisdictional statute is not a general waiver of sovereign immunity; it merely establishes a subject matter that is within the competence of federal courts to entertain.” Whittle, 7 F.3d at 1262 (internal citation omitted). The APA’s waiver of sovereign immunity still does not apply.

Section 1331 does not waive the United States’ sovereign immunity.

McNeil v. United States · filed 2023-06-07

28 U.S.C. § 1331 doesn’t waive the United States’ sovereign immunity.

Section 1331 grants jurisdiction over suits presenting a federal question but does not waive the United States’ sovereign immunity.

Brandenburg, Sr. v. U.S. Department of State · filed 2023-07-11

For example, 28 U.S.C. § 1331 grants subject matter jurisdiction to the extent plaintiff’s suit presents a federal question, but does not itself waive sovereign immunity.

Section 1331 gives district courts jurisdiction over actions arising under federal law but does not waive the federal government’s sovereign immunity.

Watkins v. Willis · filed 2023-07-19

Under 28 U.S.C. § 1331, federal district courts have subject-matter jurisdiction over actions arising under federal law. Section 1331, however, “may not be construed to constitute [a] waiver[] of the federal government’s defense of sovereign immunity.”

Section 1331 does not waive the United States’ sovereign immunity.

Hyped Holdings LLC v. United States of America · filed 2023-09-19

Accordingly, there is no basis for waiver of sovereign immunity pursuant to Section 1331.

Section 1331 does not waive the United States’s sovereign immunity.

Progressive Direct Insurance Company v. Bartels · filed 2023-10-17

I.e., general federal jurisdictional statutes such as 28 U.S.C. § 1331 do not serve as waivers of sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Clark v. Garland · filed 2024-01-16

This statute does not waive the United States’ sovereign immunity.

Section 1331 does not overcome sovereign immunity without a statute waiving it.

Steele v. USPS · filed 2024-01-19

The fact that he is alleging federal question jurisdiction against the USPS and the United States pursuant to 28 U.S.C. § 1331 does not preclude sovereign immunity in the absence of a statute waiving such immunity.

Section 1331 does not waive the United States’ sovereign immunity for claims seeking money damages.

Bhagat v. PTO · filed 2024-04-03

Similarly, there is no waiver of sovereign immunity for claims for money damages under 28 U.S.C. §§ 1331, 1338, or 35 U.S.C. § 145 because none of these statutes contain express and unequivocal waivers of sovereign immunity.

Section 1331 does not waive sovereign immunity for a claim seeking a mandatory injunction.

Leopold v. Manger · filed 2024-05-28

Though we construe Mr. Leopold’s claim as a request for mandatory injunction under Section 1331, the sovereign immunity issue remains, as it is not waived by Section 1331 or Section 1361.

Section 1331 does not waive federal sovereign immunity; a plaintiff suing the government must identify a specific waiver to establish jurisdiction.

Drew v. United States Postal Service · filed 2024-06-21

However, “[b]ecause general jurisdictional statutes, such as 28 U.S.C. § 1331, do not waive the Government’s sovereign immunity, a party seeking to assert a claim against the government under such a statute must also point to a specific waiver of immunity in order to establish jurisdiction.” ... The Court therefore finds that Plaintiff has failed to show a waiver of sovereign immunity that would authorize this action against USPS.

Section 1331 provides federal-question jurisdiction but does not waive the federal government’s sovereign immunity.

Horton v. Department of Veterans Affairs · filed 2024-07-30

Moreover, “general jurisdictional statutes, such as 28 U.S.C. § 1331, do not waive the Government’s sovereign immunity . . . .” Normandy Apartments, Ltd. v. U.S. Dep’t of Hous. & Urb. Dev., 554 F.3d 1290, 1295 (10th Cir. 2009). Thus, Mr. Horton’s invocation of federal question jurisdiction does not save his suit from Defendants’ sovereign immunity.

Section 1331 alone does not waive the United States’ sovereign immunity or establish jurisdiction over a suit against it.

Novoselsky v. United States · filed 2024-08-08

That statute by itself does not circumvent the United States’ sovereign immunity and does not confer jurisdiction.

Section 1331 provides federal-question jurisdiction but does not waive the federal government’s sovereign immunity.

WATTS v. United States · filed 2024-08-29

Neither the Constitution nor 28 U.S.C. § 1331, which provides subject matter jurisdiction for federal question cases, including civil rights actions, contains a waiver of the federal government’s immunity.

Section 1331 grants federal-question jurisdiction but does not waive the federal government’s sovereign immunity.

Walker v. Secretary of the Army · filed 2024-10-31

The broad grant of jurisdiction under Section 1331 does not explicitly waive sovereign immunity, so it “may not be construed to constitute waivers of the federal government’s de- fense of sovereign immunity.”

Section 1331 grants original jurisdiction over certain claims but does not expressly waive federal sovereign immunity.

McIntyre v. United States Indian Health Service · filed 2024-11-22

Dr. McIntyre cites to several federal statutes in the “jurisdiction and venue” section of his complaint, but none of these provisions include an ex- press waiver of sovereign immunity, and some of them do not apply to the facts of this case. See 28 U.S.C. § 451 (defining terms utilized throughout Ti- tle 28); 28 U.S.C. §§ 1331, 1337, 1343 (granting district courts original juris- diction over certain claims); 41 U.S.C. § 4712(c)(2) (permitting complainant to bring a de novo action “against the contractor, subcontractor, grantee, sub- grantee, or personal services contractor,” but not the agency); 5 U.S.C. § 2302 (identifying prohibited practices and internal remedies); 10 U.S.C. § 4701 (au- thorizing complainant to bring an action against “the contractor, subcontrac- tor, grantee, subgrantee, or personal services contractor,” but not the agency).

Section 1331 does not waive the United States’ sovereign immunity, even when a suit presents a federal question.

McClenty v. United States · filed 2024-11-22

But Section 1331 is not a waiver of sovereign immunity.

Section 1331 does not waive the federal government’s sovereign immunity.

Dingle v. U.S. Dep't of Educ. · filed 2025-03-12

Dingle also argues that the district court had subject-matter jurisdiction under 28 U.S.C. § 1331, but “[s]ection 1331 is in no way a general waiver of sovereign immunity.” Doe v. Civiletti, 635 F.2d 88, 94 (2d Cir. 1980).

Section 1331 grants general federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Hankins v. The US Custom and Border Protection · filed 2025-03-18

Plaintiff identifies 28 U.S.C. § 1331 as the basis for this Court’s jurisdiction, but that is a general grant of subject matter jurisdiction, and fails to identify a waiver of the United States’ sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Irion v. United States District Court for the Eastern District of Tennessee · filed 2025-04-18

In the FAC, Irion asserts that this court has jurisdiction under 28 U.S.C. § 1331, but, “[i]n the context of the United States’ sovereign immunity, [the Sixth Circuit has] held that § 1331 ‘is not a general waiver of sovereign immunity; it merely establishes a subject matter that is within the competence of federal courts to entertain.’” Spurr v. Pope, 936 F.3d 478, 484 (6th Cir. 2019) (quoting Whittle v. United States, 7 F.3d 1259, 1262 (6th Cir. 1993)); see also Reed, 146 F.3d at 397–98 (“Section 1331’s general grant of federal question jurisdiction, however, ‘does not by its own terms waive sovereign immunity and vest in district courts plenary jurisdiction’ over claims for money judgments against the United States.” (citation omitted)).

Section 1331 does not by itself waive the federal government’s sovereign immunity.

Legalforce RAPC Worldwide PC v. United States Patent and Trademark Office · filed 2025-04-29

Although Defendants correctly state that 28 U.S.C. § 1331 does not by itself constitute a waiver of sovereign immunity, Defendants’ argument nonetheless fails.

Section 1331 grants general federal-question jurisdiction but does not itself waive federal sovereign immunity.

Pete v. Small Business Administration · filed 2025-07-28

The only statute identified in the complaint is 28 U.S.C. § 1331, which the magistrate judge correctly determined “is a general jurisdiction statute and does not provide a general waiver of sovereign immunity.” (#5 at 6 (quoting Shanbaum v. United States, 32 F.3d 180, 182 (5th Cir. 1994) (citing Voluntary Purchasing Groups, Inc. v. Reilly, 889 F.2d 1380, 1385 (5th Cir. 1989)).)

Section 1331 does not provide a general waiver of sovereign immunity.

Pete v. Small Business Administration · filed 2025-09-17

As already explained in this case, section 1331 “does not provide a general waiver of sovereign immunity.”

Section 1331 does not waive the United States’ sovereign immunity from suit.

Eccarius v. United States · filed 2025-09-23

And the Government is correct. ... See, e.g., Gabriel v. Gen. Servs. Admin., 547 F. App’x 829, 831 (9th Cir. 2013) (“[W]e have consistently held that § 1331 ‘does not waive the government’s sovereign immunity from suit.’”); ... Nevertheless, at bottom, it is apparent on the face of the pleadings that sovereign immunity bars Eccarius’ suit, at least for damages.

Section 1331 gives district courts federal-question jurisdiction but does not waive the federal government’s sovereign immunity.

McIntyre v. United States Indian Health Service · filed 2025-10-21

Section 1331 grants district courts subject matter jurisdiction over “all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C.§ 1331. It does not waive the government’s sovereign immunity.

Section 1331 does not waive the federal government’s sovereign immunity.

Runnels v. Federal Bureau of Investigation · filed 2025-11-05

Neither the Declaratory Judgment Act, 28 U.S.C. § 2201, nor federal question jurisdiction, 28 U.S.C. § 1331, waives the federal government’s sovereign immunity.

Section 1331 alone does not provide jurisdiction over agency action without a statutory waiver of sovereign immunity.

de Kewayfati v. Bondi · filed 2026-01-14

“And § 1331 alone does not provide jurisdiction for agency actions” absent a statutory waiver of sovereign immunity.

Section 1331 does not waive federal sovereign immunity and cannot itself provide jurisdiction over a civil action against the federal government.

US ex rel. Sargent v. Collins · filed 2026-01-22

But this court has previously explained that Section 1331 "do[es] not waive sovereign immunity and therefore cannot be the basis for jurisdiction over a civil action against the federal government."

Section 1331 permits a suit to enjoin a federal officer’s action beyond statutory authority without the government’s consent to be sued.

Sioux Valley Empire Electric Association, Inc. v. Butz · filed 1973-11-29

If it is determined that Congress did not confer upon the Secretary the power to terminate the two per cent loan program, then the government’s consent to be sued is not a jurisdictional prerequisite to federal question jurisdiction.

Section 1331 provides federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Burnside · filed 2026-02-25

To the extent Plaintiff seeks to rely on Section 1331, federal question jurisdiction does not waive the United States’ sovereign immunity.

Section 1331’s grant of federal-question jurisdiction does not waive sovereign immunity.

Waddle · filed 2026-03-20

Contrary to Plaintiff’s argument, it has long been recognized that “general jurisdiction statutes, such as 28 U.S.C. § 1331, do not waive the [g]overnment’s sovereign immunity.” Pueblo of Jemez, 790 F.3d at 1151 (internal quotation marks omitted).

Section 1331 does not waive the United States’ sovereign immunity.

Trackwell v. United States Government · filed 2007-01-05

In granting the motion to dismiss, the court reasoned that it lacked subject-matter jurisdiction under §§ 1331 and 1343(a)(4) because neither statute waives the United States’ sovereign immunity, ... and M r. Trackwell had not identified any other statute waiving immunity. ... W e agree with the court’s reasoning and affirm these rulings.

The 1976 amendments to § 1331 waive sovereign immunity for suits seeking injunctive relief against federal agencies or officers.

National Sea Clammers Association v. City Of New York · filed 1980-02-05

Having so held, we reject the federal government defendants' sovereign immunity argument. The 1976 amendments to section 1331 of title 28 make clear that sovereign immunity has been waived in all suits by plaintiffs seeking injunctive relief against federal agencies or officers.

Section 1331 provides federal-question jurisdiction but does not waive the United States’ sovereign immunity; a claim against the United States requires a waiver in another statute.

Seutafili · filed 2026-06-04

“Consequently, district court jurisdiction cannot be based on § 1331 unless some other statute waives sovereign immunity.”

Section 1331 does not waive the United States’ sovereign immunity; any waiver must come from the statute giving rise to the claim.

Doe v. Civiletti · filed 1980-10-15

Section 1331 is in no way a general waiver of sovereign immunity. Such a waiver, if it exists at all, must be sought in the statute giving rise to the cause of action.

Section 1331 does not waive the United States’ sovereign immunity.

Serra v. United States General Services Administration · filed 1987-08-31

However, 28 U.S.C. § 1331 is not a general waiver of sovereign immunity.

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Randall v. United States · filed 1996-09-10

However, section 1331 "is not a general ... waiver of sovereign immunity. It merely establishes a subject matter that is within the competence of federal courts to entertain."

Section 1331 provides federal-question jurisdiction over a claim against the United States only if another statute waives sovereign immunity.

City of Albuquerque v. United States Department of the Interior · filed 2004-07-27

District court jurisdiction in this case can be based on § 1331 only if there is some other statute waiving sovereign immunity.

Section 1331 does not waive federal sovereign immunity for constitutional tort damages claims.

Reisner v. Stoller · filed 1999-05-21

However, the Supreme Court has held that neither the general federal question statute, 28 U.S.C. § 1331, nor the Federal Tort Claims Act, waives sovereign immunity with respect to such claims. ... Accordingly, to the extent plaintiffs seek monetary damages for constitutional torts allegedly committed by the federal judges, the complaint must be dismissed for lack of subject matter jurisdiction.

Section 1331 provides federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Goodwill Industrial Services Corp. v. Committee for Purchase From People Who Are Blind or Severely Disabled · filed 2005-07-28

Neither section 1381 nor sections 2201-2202 constitutes a waiver of sovereign immunity. Fostvedt, 978 F.2d at 1203 (holding that statutes conferring general jurisdiction, including 28 U.S.C. § 1331, do not waive sovereign immunity); Amalgamated Sugar, 664 F.2d at 822 (stating that section 2201 “does not itself confer jurisdiction on a federal court where none otherwise exists”).

Section 1331 grants federal-question jurisdiction but does not waive sovereign immunity.

Espinoza v. Federal Bureau of Investigations · filed 2021-08-27

Plaintiff has failed to establish any basis for the waiver of sovereign immunity. See Bank v. Wolfe, 19-CV-441, 2020 WL 4748320, at *4 (E.D.N.Y. Aug. 17, 2020) (Matsumoto, J.) (noting that although plaintiff cites to 28 U.S.C. §1331, the federal question statute, this statute does not serve as a waiver of sovereign immunity); Torres v. City of New York, 19-CV-6332, 2019 WL 6051550, at *4 (S.D.N.Y. Nov. 13, 2019) (McMahon, J.), appeal withdrawn, 19-CV-3878, 2019 WL 8012242 (2d Cir. Dec. 16, 2019) (dismissing plaintiff’s claims against the CIA as frivolous under the doctrine of sovereign immunity).

Section 1331 does not waive the United States’ sovereign immunity.

Goodwine v. Government · filed 2022-02-10

Here, Plaintiff has failed to establish any basis for the waiver of sovereign immunity and the Court can think of none. See Bank v. Wolfe, No. 19-CV-441, 2020 WL 4748320, at *4 (E.D.N.Y. Aug. 17, 2020) (noting that although plaintiff cites to 28 U.S.C. § 1331, the federal question statute, this statute does not serve as a waiver of sovereign immunity).

Section 1331 does not waive sovereign immunity and cannot alone support subject matter jurisdiction over a suit against the United States.

Coast Federal Savings Bank v. Director, Office of Thrift Supervision · filed 1991-12-04

This Court notes, as did the Court in Olympic, supra, at 10 n. 3, that 28 U.S.C. 1331 does not waive sovereign immunity and therefore cannot alone support subject matter jurisdiction.

Section 1331 grants federal-question jurisdiction but does not waive the federal government’s sovereign immunity.

Seeto · filed 2025-10-09

While 28 U.S.C. § 1331 grants federal courts jurisdiction over “all civil actions arising under the Constitution, laws, or treaties of the United States,”... that statute does ... not operate as a waiver of sovereign immunity.

Section 1331 does not waive sovereign immunity; a plaintiff must identify a separate waiver to proceed against the United States.

Kittle · filed 2026-02-20

Defendants are correct that there has been no waiver of sovereign immunity for the claims in Count Four. ... Toledo v. Jackson, 485 F.3d 836, 838 (6th Cir. 2007) (holding that plaintiff must identify a waiver of sovereign immunity to proceed with a claim under 28 U.S.C. § 1331).

Section 1331 does not waive federal sovereign immunity and cannot support jurisdiction over a suit against the United States when that immunity applies.

Sterling National Bank & Trust Co. v. Teltronics Services, Inc. · filed 1979-05-07(a)

The problem with attempting to base jurisdiction over the Government in this case on section 1331, however, is that the Government asserts the defense of sovereign immunity.

Section 1331 permits review of federal agency action, but its jurisdictional grant is limited by sovereign immunity.

Votolato v. Freeman · filed 1981-01-20

28 U.S.C. § 1331 as here pertinent provides that jurisdiction lies, without regard to the amount in controversy, in an action against the United States, or its agencies, or any of its officers or employees in their official capacity, arising under the Constitution, laws, or treaties of the United States. ... However, suit against an officer in his official capacity is treated as a suit against the United States itself, and is accordingly limited by the doctrine of sovereign immunity. ... it is clear that 28 U.S.C. § 1331 affords no basis for the exercise herein of jurisdiction.

Section 1331(a) gives district courts jurisdiction over constitutional claims for declaratory and injunctive relief against federal officers when a sovereign immunity exception applies, but does not itself waive the United States’ immunity.

United States v. Various Articles of Obscene Merchandise · filed 1981-05-14(a)

The court holds, therefore, that it has subject matter jurisdiction over claimants’ request for injunctive and declaratory relief, set forth in their proposed third-party complaint, under § 1331(a). Section 1331(a), however, does not confer subject matter jurisdiction over claimants’ counterclaim and proposed amended counterclaim since they are against the United States itself.

Section 1331 grants general federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Parrish v. Loeb · filed 1982-11-23(a)

The sovereign-immunity argument by the IRS rests upon its contention that each Section 1331(a) and Section 1340 is a grant of general jurisdiction which cannot be construed to constitute a waiver by the United States of its sovereign immunity. That argument is recognized as sound if it must be concluded that this is, in fact, a suit against the United States, as opposed to a suit against the District Director.

Section 1331 grants federal-question jurisdiction but does not waive the United States’ sovereign immunity.

Mack v. United States of America, Federal Bureau of Investigation, Defendants · filed 1987-03-30

The district court was clearly correct in holding that the general federal question jurisdictional statute, 28 U.S.C. § 1331, does not constitute a waiver of sovereign immunity by the United States.

Section 1331 does not itself waive the United States’ sovereign immunity from a takings claim.

Bank of NH v. USA · filed 2000-07-25

Thus, to the extent the Bank asserts that this court may, pursuant to either 28 U.S.C. § 1331 or 28 U.S.C. § 1346(a), properly exercise subject matter jurisdiction over its takings claim against the government, the court disagrees.

Section 1331’s grant of federal-question jurisdiction does not waive the United States’ sovereign immunity from a takings claim.

Bank of New Hampshire v. United States · filed 2000-07-25

Thus, to the extent the Bank asserts that this court may, pursuant to either 28 U.S.C. § 1331 or 28 U.S.C. § 1346(a), properly exercise subject matter jurisdiction over its takings claim against the government, the court disagrees.

Section 1331 provides federal-question jurisdiction for a due-process claim but does not waive the federal government’s sovereign immunity.

Belle Co. v. United States Army Corps of Engineers · filed 2014-07-30

However, “28 U.S.C. §1331 is a general jurisdiction statute and does not provide a general waiver of sovereign immunity.” ... Thus, Belle must prove that the government waived its immunity.

Section 1331 grants federal-question jurisdiction but does not waive the federal government's sovereign immunity.

Thompson v. Baltimore City Board of School Commissioners · filed 2024-03-05

So while the alleged constitutional violations might conceptually be suited for federal adjudication, the federal question jurisdictional statute cannot constitute a waiver of sovereign immunity.

Section 1331 confers subject matter jurisdiction over a suit against an Indian tribe only if another statute waives tribal sovereign immunity or the tribe unequivocally waives it.

Miner Electric, Inc. v. Muscogee (Creek) Nation · filed 2007-09-19

Therefore, in an action against an Indian tribe, we conclude that § 1331 will only confer subject matter jurisdiction where another statute provides a waiver of tribal sovereign immunity or the tribe unequivocally waives its immunity.