well as state officers acting in their official capacity, and would prevent Mayfield from seeking such damages under § 1983. See Quern v. Jordan, 440 U.S. 332, 345, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979) (recognizing that § 1983 does not indicate "an intent [by Congress] to sweep away the immunity of the States”). However, circuit courts are currently split on whether RLUIPA provides for a waiver of state sovereign immunity. See Madison v. Virginia, 474 F.3d 118, 131 (4th Cir.2006) (finding that RLUIPA does not constitute a waiver of immunity allowing for damages actions); Benning v. Georgia, 391 F.3d 1299, 1305-06 (11th Cir.2004) (finding that § 3 of RLUIPA constitutes a waiver of state sovereign immunity); see also Smith v. Allen, 502 F.3d 1255, 1269-76, and 1276 n. 12 (11th Cir.2007) (<HOLDING>). Whether RLUIPA contemplates damages actions
holding that a prisoner can under rluipa pursue nominal damages against a state officer in her official capacity holding that a suit against a state official in his or her official capacity is a suit against the state itself and not cognizable under  1983 holding that punitive damages are not recoverable against a state official sued in his or her official capacity holding that a party can sue a state officer in his or her official capacity to enjoin prospective action that would violate federal law holding that a damages suit against a state officer in his official capacity was barred because it was functionally a suit against the state