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Can I sue a state or state actor in federal court if I filed the action in state court but was then removed?

I sued: 1) my former employer, 2) the state of new york and 3) individuals who were acting on behalf of the state. My employer said I had raised some Constitutional issues. My employer made a "notice of removal" and had the case moved from New York State Court to Federal Court (US District Court). I have multiple causes of action including a Section 1983 action, breach of contract, tortious interference and I am asking for specific performance of my contract. The 11th ammedment bars suits brought against the state or state actors in Federal Court, unless the state gives its consent. Therefore, my question is this, if one of the defendents (not the state defendents) makes a "notice of removal" into federal court, then have the state defendents also de facto agreed to having the case heard in federal court?

Public Comments

1. yes and no. The Federal judge will rule on whether the parties are subject to jurisdiction to their court. Federal law does not prohibit suing the state in which you live. Permission is not needed to sue if you are suing on any grounds that they violated federal law...only if they violated state law.
2. New York has consented to bringing these types of claims in federal court. Of course, they will raise state immunity priviledges, which are applicable in state and federal court. Defendant was correct in removing the action to district court as you have brought a Section 1983 claim. Your claims will be heard, even your state-law related claims in federal court as the court will have supplemental jurisdiction over them. I hope you have an attorney, because you are going to have a difficult time proving your case (and you have the burden) against an attorney if you are pro se. Good luck.