Though the County conceded that Eleventh Amendment immunity did not extend to counties, it nonetheless contended that it was immune under "the universal rule of state immunity from suit without the state's consent." The District Court agreed, relying on the Fifth Circuit case Broward County v. Wickman to conclude that sovereign immunity extends to counties and municipalities that, as here, "exercise power delegated from the State."
The County acknowledged Eleventh Amendment immunity did not apply to counties but still argued it was immune under "the universal rule of state immunity without consent." The District Court agreed with this argument, relying on Broward County v. Wickman from the Fifth Circuit, which states that sovereign immunity extends to counties and municipalities exercising power delegated by the State.