Steven Albert v. Brooke Lierman
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Case Summary
Disposition
Affirmed in Part
The Fourth Circuit reviewed whether Maryland’s Comptroller enjoys Eleventh Amendment immunity from a suit seeking payment of interest on unclaimed property held by the state. The court held that claims for already-accrued interest are barred as retroactive monetary relief, but claims for interest accruing after a judgment may proceed; accordingly, it affirmed in part, reversed in part, and remanded.
Circuit Split Identified
Legal Issue
Whether the Eleventh Amendment bars federal-court Takings Clause suits seeking payment of accrued (pre-judgment) interest on property held by a state under unclaimed-property statutes, when the plaintiff styles the relief as declaratory or injunctive under Ex parte Young.
Circuit Positions
Accrued-interest Takings claims are retroactive monetary relief barred by the Eleventh Amendment; only prospective (post-judgment) interest may be ordered under Ex parte Young.
Accrued-interest Takings claims are prospective relief permitted under Ex parte Young and are not barred by the Eleventh Amendment.
Conflict Summary
The Fourth, Third, Sixth, Eighth, and Ninth Circuits hold that requests for payment of already-accrued interest constitute retroactive monetary relief and are therefore barred by state sovereign immunity; only prospective relief for post-judgment interest is allowed. The Eleventh Circuit, by contrast, permits such claims to proceed under Ex parte Young, reasoning that a taking is not complete until the state formally denies compensation, so the requested payment is prospective, not retroactive.