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:
Yes, the United States government can sue individual states, and states can sue the federal government. Lawsuits between states and the federal government have occurred as far back as the founding of this country.
When the federal government does sue a state, it is typically because that state is in direct violation of a federal law.
Yes. The US Supreme Court has exclusive original jurisdiction over conflicts between states. These cases are only heard in the Supreme Court.
Yes. Disputes between states are heard in the US Supreme Court.
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.
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.
No. The small claims court works locally.
Yes, but you must sue them in the state court in the county where they reside.
States can sue each other for all reasons. However, in order for states to sue each other, they must go through the Supreme 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.
No WAY! Unless you want to,so... Yes.
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.
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.
The Eleventh Amendment to the United States Constitution prohibits citizens from suing a state in federal court without the state's consent. This amendment was ratified in response to a Supreme Court case that allowed private individuals to sue states in federal court.
In general, you can sue someone in small claims court in another state if you meet the jurisdictional requirements of that state. However, the process can be complicated and may involve additional costs, such as travel expenses. It's advisable to consult with an attorney or the court in the state where you wish to file the lawsuit for guidance on the specific procedures and requirements.
You could sue him in court.You could sue him in court.You could sue him in court.You could sue him in court.