How To Sue The State Government
This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.There are 25 references cited in this article, which can be found at the bottom of the page. This article has been viewed 60,954 times.
It is not easy to sue a state government. Generally, a state is immune from lawsuits. This is called sovereign immunity, and it prevents you from being able to bring a lawsuit even when a state injures you. However, there are some exceptions to a states sovereign immunity. For example, the state might allow people to sue for personal injuries caused by the state.XResearch source Also, you can sue state employees for violations of your federal constitutional rights. In order to sue a state government correctly, you should meet with an attorney who can advise you about the specific process.
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Can I Defeat Sovereign Immunity When Police Fail To Protect Me
Not exactly. You could try and sue a public servant in their personal capacity if he or she was acting, frolicking, or detouring outside their police duties when failing to protect you. But its doubtful they owed you a duty unless through a contract or statute. Other than that, the state remains sovereign, subject to suit in limited situations it has agreed upon in the Government Code. If you are lucky enough to get your government claim filed using the right form, with the right agency within the normal six-month filing period, you can always sue for something or another.
Negligent Infliction Of Emotional Distress
Citizens can also sue police officers when the latter cause emotional distress negligently, rather than intentionally or recklessly. The extent of emotional harm required for a successful lawsuit depends on the jurisdiction.
But in order for there to be potential liability for negligently caused emotional distress, the officer must owe a “duty of care” to the citizen. In other words, the court will consider whether the officer had some kind of special relationship with the plaintiff that’s distinct from the general police responsibility to the public at large.
For example, in a Louisiana case, a rape victim sued a sheriff for the emotional distress she suffered when the evidence in her case was mistakenly destroyed before a suspect had been arrested. The court held that the duty to preserve evidence goes to the general public, and that law enforcement doesn’t owe any special duty to protect an individual from the misplacement or mistaken destruction of evidence. .)
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How Can I Successfully Sue Police Cloaked With Sovereign Immunity For Failing To Protect Me
That is the right question you should ask. Legal experts say the key U.S. Supreme Court ruling in 1989, known as the DeShaney decision, will impact your success. In DeShaney, a small boy was killed by his abusive father. Government officials knew of the abuse but had completed their statutory, affirmative mandatory reporting duties to DSS. That case hinged on whether DSS officials should have intervened to remove the child into alternative care. Apparently, if DSS had insidiously failed to remove the child as a product of invidious discrimination, the case could have proceeded.
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Before Making A Claim
For your lawsuit against the police to be successful, the police must have done something to you that is against the law. In civil court, a wrongful act is called a tort.
For example, you may be able to make a claim for:
- wrongful arrest and detention
- assault and battery
- negligent use of force
You must be able to tell the judge how the facts of your case show that the police did something to you that is against the law.
You have to prove your case on a balance of probabilities. This means you have to show the judge that your story is more believable than what the police say happened.
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Contact One Of Our Attorneys At Terry Bryant Today
If you or a loved one have suffered serious injuries due to police brutality or excessive force, or have had a family member killed at the hands of law enforcement, one of our attorneys at Terry Bryant can explain your legal options. To learn more about Section 1983 claims and discuss whether you have a potential Section 1983 claim to bring against the government official, call our Houston law firm at 713-973-8888 or 444-5000 for a free, no-obligation consultation. You have nothing to lose.
Disclaimer: This information is for general information only. Nothing on this site should be taken as legal advice. Prior case results do not guarantee a similar outcome.
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How To Sue The Police In Ontario
As you can see, there are circumstances where a lawsuit arising from injuries sustained in a police encounter is appropriate however, suing police officers, police forces and the government requires legal expertise, confidence, and a significant investment of financial and time resources. It is important that you speak to an experienced lawyer about any lawsuit you may want to start as a result of injuries arising from a police encounter.
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Extreme And Outrageous Conduct
Conduct is extreme and outrageous when it goes beyond all possible bounds of decency it is behavior that society won’t tolerate. Conduct qualifies as extreme and outrageous when it would cause a reasonable person in a similar circumstance to suffer extreme emotional distress it must be more than annoying, offensive, or humiliating.
Courts decide whether conduct is extreme and outrageous on a case-by-case basis. The court may consider whether:
- the officer knew that the plaintiff was particularly susceptible to emotional distress
- there was a pattern of conduct or an isolated incident, or
- the officer was in a position of power .
In one federal case, for example, a woman offered support to her husband, who was under arrest and being interrogated for the murder of her three-year-old daughter. The detective who heard her offer of support yelled at her that her husband killed the child and that the husband never loved her or her daughter. The officer was in a position of authority and the mother was particularly susceptible to emotional distress at that time. The conduct was sufficiently extreme and outrageous for an intentional-infliction-of-emotional-distress claim. .)
How Much Are Police Misconduct Settlements
Settlements in a police abuse lawsuit include payment for the physical harm, psychological harm, and economic losses suffered by the victim and family.
Economic losses include medical expenses, lost income, and other financial losses resulting from the incident. There is generally no limit to the amount of a settlement. Every case is different depending on the facts, circumstances, and injuries.
In cases involving wrongful death, a settlement can be sought for the victims pain and suffering from the time of the incident until death. They also claim compensation for the loss of companionship suffered by the family members.
Since 2015, the City of Detroit has paid out more than $25 million in police misconduct claims. This includes a $925,000 settlement for a man shot in the back and two claims totaling $4.5 million for men sent to prison for crimes they did not commit.
Most recently, the City of Detroit reached an $8.25 million settlement with the family of a young girl shot during a police raid. The police department denied any wrongdoing for the death. Facts and information obtained in a lawsuit showed it was an unjustified shooting.
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What To Do If You Plan To Sue Law Enforcement In Utah
If you were a victim of police misconduct, there are certain actions you should take if you want to file a lawsuit against the police. First, you should gather as much evidence about the misconduct as you can find. If anyone witnessed the misconduct and is willing to help you, you should document their name, phone number, and any other relevant contact information. If the witness is willing to make a written statement and have it notarized, this will also help you.
If you have a recording of the interactions with law enforcement, this can also help you prove your case. Recording law enforcement in Utah is legal.
If you were injured in an encounter with law enforcement, you should seek medical attention immediately. Inform the hospital staff of how you received your injuries so that they can help you document your injuries. You should also take photographs of any injuries or any damage to your property that occurred during the encounter.
Additionally, there should be an incident report stemming from your encounter with law enforcement. You are entitled to request this report, and it should be a simple transaction. However, if the incident involved other people, it may take longer to recover the report due to privacy concerns. You should also file an open records request. This request will give you all public documents pertaining to your encounter with law enforcement.
How Long Does An Individual Have To File A Lawsuit Against A Florida Police Officer
While Floridas statute of limitations for filing a personal injury lawsuit is generally four years from the date of the incident, the timeframe to file suit against a police officer or a police department may be shorter.
If someone was injured or wrongfully arrested by a Florida police officer and they are wanting to learn more about filing a lawsuit against him/her or their department, USAttorneys.com can help them locate and hire a lawyer in their city, whether that be Miami, Jacksonville, or Tampa.
Finding a Lawyer Should Be Simple
When an accident or any form of injustice is suffered, obtaining an attorney quickly is critical to ensuring a positive outcome for your case and thats exactly what were here to help you with. USAttorneys.com is your one-stop-shop to find any kind of lawyer you might need to assist you with your legal matters. Weve got you covered, whether you are seeking an accident attorney following a car crash, medical malpractice attorney after losing a loved one during surgery, or a tax attorney to fight back against the IRS.
Finding a Lawyer Should Be Simple
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Presenting Your Evidence In Court
After discovery is complete, a hearing or trial will be set and both sides will present their case to a judge, jury, or private arbitrator. This includes submitting exhibits and interviewing witnesses.
Once both sides are finished presenting their claims and defenses, the judge or jury will find in favor of one party or the other.
Sexual Assaults And Rape
Police sexual assaults and rape are typically unreported. Victims are afraid to report the assaults for fear of retribution against them.
In the United States, police officers were criminally charged with more than 400 rapes in the decade between 2005 and 2015. In Michigan alone, there were 11 charges of forcible rape by officers during that period. Other sex assaults include fondling, forcible sodomy, indecent exposure, and sexual assaults with objects. Illegal strip searches are a form of sexual assault.
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Whether You Can Sue For Emotional Distress Caused By Law Enforcement Depends On The Circumstances
By Leigh Segars
Anyone who has had a bad experience with the policeeven one not resulting in physical injuryhas probably wondered whether there is any remedy. Many want to know whether they can sue. The answer to that question, as with so many legal queries, is, “It depends.”
Generally, citizens can sue the police for infliction of emotional distress in one of two instances, when an officer:
- intentionally or recklessly acts in a way that causes emotional injury or
- causes emotional distress through a negligent act.
But if the court determines that the conduct was within the scope of the officer’s law-enforcement duties, that officer is generally immune .
For information on a related topicfiling a lawsuit in civil court for physical injuries caused by law enforcementread up on suing the police for excessive force. Also see the discussion of physical injuries in this article, below.
Wide Racial Partisan Gaps In Views Of Police Performance
Americans are divided along partisan and racial lines in their evaluations of police. Across four measures of police performance, white adults are consistently more positive about the performance of police around the country than Black adults, and Republicans are much more positive than Democrats. While the partisan divide in positive evaluations of the police on most of these dimensions is nearly as wide among whites as it is overall, Black Democrats are more likely than their white counterparts to say that the police perform poorly.
Overall, a majority of Americans say that police around the country are doing an excellent or good job of protecting people from crimes a view held by 78% of Republicans and Republican leaners but 43% of Democrats and Democratic leaners. Two-thirds of white adults say the police are doing a good or excellent job of protecting people, while just 28% of Black adults say the same. Half of Hispanic adults say police do an excellent or good job of protecting people.
There are racial and ethnic divides among Democrats in these views: While just 27% of Black Democrats say police do an excellent or good job protecting people from crime , about half of white Democrats and 42% of Hispanic Democrats say the same.
Hispanic Democrats are more positive in their evaluations of police performance in these domains than both white and Black Democrats still, majorities rate police performance in these areas as only fair or poor.
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How To Sue The Saps
The police and the countrys security services are there to protect us. For the most part, they do a commendable job, despite the many challenges they face.
However, members of the South African Police Service sometimes act wrongly. This can have devastating consequences for those who get caught up police-related incidents.
Be A Prisoner Or Subject To State Confinement
Even if you are a prisoner, the states duties to you are spelled out. They cannot guarantee youll be safe among inmates. All they must do is not subject you to deprivations not generally authorized by their confinement. Hughes v. Rowe 449 U.S. 5, 11Vitek v. Jones 445 U.S. 480, 491-494.
Because an inmate is entitled to receive proper medical treatment, he can make out an Eighth Amendment civil rights claim if he can prove the state showed deliberate indifference to his/her serious medical needs. 475 U.S. 312.) Of course, when police abuse you, they are directly violating an affirmative right under Title 42 Section 1983 and other laws. Your whole argument hinges on whether the police had or took on an affirmative protection duty to you.
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Just A Quarter Of The Public Says Spending On Police Should Be Decreased
About four-in-ten Americans say spending on policing in their area should stay about the same, while 31% say it should be increased and 25% say it should be decreased.
Support for decreasing spending on policing is higher among younger adults, Black adults, and Democrats and Democratic leaners, though even in these groups fewer than half say spending should be decreased.
Adults under 30 are much more likely than others to say that police spending should be decreased: 45% of those ages 18 to 29 say this, while 28% of those 30 to 49 and only 15% of those 50 and older say the same. Those over the age of 50 are more likely than younger Americans to say spending should be increased .
About four-in-ten Black adults say spending on police in their area should decrease, including 22% who say spending should be decreased a lot. One-third of Black adults say spending should stay the same, while 22% say it should be increased.
In contrast, about two-in-ten white adults and a similar share of Hispanic adults say police spending in their area should be decreased, while larger shares in both groups say spending should be increased.
Among Democrats and Democratic-leaning independents, 41% say spending on the police should be decreased, while just 8% of Republicans say the same. By comparison, 45% of Republicans and just 19% of Democrats that spending on the police should be increased .
Among Democrats there are sizable age and ideological differences on this question.
When Can You Sue A Police Officer
Any person who unreasonably assaulted, beaten, or abused by a police officer can sue both the officer and police department. These cases can result in large settlements.
A police officer may be held liable for using excessive force in an arrest, an investigatory stop, or other seizures.
A police officer may also be liable for not preventing another police officer from using excessive force.
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Speak With A Cop Accountability Lawyer
It is important to remember that when you sue a police department, theres a good chance that your case will be settled. The attorneys at Greenstein & Milbauer, LLP have extensive experience negotiating settlements in both police misconduct cases and they will work vigorously to resolve your case.
If you are considering suing a police department, you should immediately contact the skilled and experienced New York City Police Brutality attorneys at Greenstein & Milbauer, LLP.
The New York City Police Brutality attorneys at Greenstein & Milbauer, LLP are committed to holding the police accountable and will not hesitate to sue a police department. Our firms motto is Dont Be A Victim Twice. If you are considering suing a police department, call to schedule a confidential consultation. The call is free. The consultation is free. You dont pay us unless we are successful. Thats our Our Fee Guarantee No Fee Unless Successful. We are the cop accountability law firm. We will sue police departments and hold them accountable!