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You cannot sue a state in state court.
The Eleventh Amendment, ratified to protect the states from the Supreme Court's decision in Chisholm v. Georgia, (1793), initially only protected states from being sued in federal court by citizens of another state. In Hans v. Louisiana, the Supreme Court ruled that a citizen cannot sue their own state either, based on principles of state sovereign immunity and federalism.
Then in Alden v. Maine, the Court extended sovereign immunity further, and prohibited private suits against states in state court as well.
Therefore, the bottom line is that citizens cannot sue states, state entities, or state officials in their officialcapacities (Citizens can sue state officials as individuals.
There are, however, a few limitations to state sovereign immunity: First, a state can be sued if they consent to the suit. Second, Congress (under the 14th Amendment) can make a state subject to money damages if the state violates civil rights of individuals. And third, the federal government and the states waive their immunity in certain cases, such as tort cases.
Additional Notes:
- States may remove actions against private citizens to federal court.
- The United States may initiate action against a state in federal court.
- One state may initiate action against another state in federal court.
- States may waive their Eleventh Amendment protection and allow private parties to initiate action in federal court, but this is a discretionary action.
- State sovereign immunity does not extend to municipalities within a state.
What else can I help you with?
Is it possible to sue a state in state court?
Yes, it is possible to sue a state in state court, but there are limitations and specific procedures that must be followed due to the concept of sovereign immunity.
How can you sue the borrower to pay a loan you cosigned?
You can sue the primary borrower in civil court. The amount will determine which state court will hear the case. You can visit your local court for more information relative to your jurisdiction.You can sue the primary borrower in civil court. The amount will determine which state court will hear the case. You can visit your local court for more information relative to your jurisdiction.You can sue the primary borrower in civil court. The amount will determine which state court will hear the case. You can visit your local court for more information relative to your jurisdiction.You can sue the primary borrower in civil court. The amount will determine which state court will hear the case. You can visit your local court for more information relative to your jurisdiction.
What type of court has jurisdiction when you sue a US county?
If you live in the same state as the county that you wish to sue, then the state court would have jurisdiction. If you live in a different state, then it would become a federal issue.
Can you sue in small claims court in another state?
No. The small claims court works locally.
Can you sue someone in New York if you live in California?
Yes, but you must sue them in the state court in the county where they reside.
Is it possible to sue a state in federal court?
Yes, it is possible to sue a state in federal court under certain circumstances, such as when the state has violated federal law or the U.S. Constitution. This can be done through a process known as "federal question jurisdiction."
Can i sue a person from another state who owes me money in small claims court?
Yes, you can sue a person from another state if that person owes you money. Access your local small claims court to file the lawsuit.
A state can sue another state only in the?
States can sue each other for all reasons. However, in order for states to sue each other, they must go through the Supreme Court.
What legal recourse can a state pursue if it decides to sue another state?
When one state decides to sue another state, it can pursue legal recourse through the United States Supreme Court. This is because the Constitution grants the Supreme Court original jurisdiction in cases where states are parties. The Court can hear the case and make a decision on the matter.
Can someone sue a state in federal court?
No WAY! Unless you want to,so... Yes.
What court is the only court in which one state may sue another?
There is only one court in the United States that has jurisdiction when one state sues another. The court that has jurisdiction in this process is the United States Supreme Court.
How do you sue someone who fails to pay a loan?
Judge Judy Usually works.... You can sue the primary borrower in civil court. The amount will determine which state court will hear the case. You can visit your local court for more information relative to your jurisdiction.
