Yes and no. Per the Eleventh Amendment, states have sovereign immunity against being sued unless they voluntarily waive this protection. If a state waives immunity, the case will first be heard in US District Court (federal court system).
For more information, see Related Questions, below.
If the state where you live legally recognizes your same-sex marriage, then YES, you can be sued in state court to recover money owed by your spouse. You cannot be sued in federal court, however, as federal law does not recognize a same-sex marriage.
amendment 11
You could commit a federal crime, like kidnapping or bank robbery, or be sued by someone under federal law, or be sued by someone who lives in a different state if the claim is more than $75,000. It's not hard to get into federal court; getting out is the tricky part.
amendment 11
Yes. Law enforcement agencies are routinely sued in federal court for civil rights violations under Section 1983 of the U.S. Code.
The respondent is the person or group accused or sued.
It would start at the lowest level of the state court system which is usually Circuit Court, or District Court (depending on what your particular state happens to call it).state
what court federal or state would see this case
The 11th Amendment of the U.S. Constitution generally prohibits individuals from suing a state in federal court without the state's consent. This protection extends to state officials when they are sued in their official capacity, as well as to state agencies. However, individuals may still bring lawsuits against state officials for violations of federal law under certain circumstances.
suing in federal court vs state courtIt's allowed by Constitution. Federal courts have (diversity) jurisdiction over disputes between citizens of different states. As of 2007, federal law (28 U.S.C. §1332(a)) requires the amount to exceed $75,000.
No. Violations of federal law are tried in US District Court. Violations of state laws in the state court system.
Who has sued and been sued is public record, although the details about what the suit involved may not be. Most state court systems have a public database that you can search. There is usually a fee for searching these databases. Go the state court website to find a link to the state database or call the court clerk.