Whom can I sue in Federal Court?

What types of immunity are available in Federal Court?

There are three (3) different general categories of immunity.

Federally, pursuant to case law interpreting 42 U.S.C. § 1983, there are two (2) judicially created concepts of "absolute" and "qualified" immunity. Both of these concepts mean what they say and are available to individual actors, as opposed to entities.

Finally, there is something called "sovereign" immunity, which means that the "sovereign," e.g., the Federal or a State Government, cannot be sued by a private individual or entity without its permission. There are a variety of statutes existing which "waive" sovereign immunity in specific situations.

Can I sue a governmental entity for a civil rights violation in Federal Court?

Maybe. In part, the answer depends on whether or not you are seeking to sue a Federal entity or a State entity. If you are trying to sue the Federal government, you are limited to suing only for an injunction or to reverse an illegal policy, since you cannot sue the Federal government for money damages, UNLESS there is a specific law granting the right to sue for money damages. In part, the answer depends on whether or not you are seeking to sue a Federal entity or a State entity. If you are trying to sue the Federal government, you are limited to suing only for an injunction or to reverse an illegal policy, since you cannot sue the Federal government for money damages, UNLESS there is a specific law granting the right to sue for money damages.

For Federal actors, like FBI special agents, you are limited to suing the individual actor in what is called a "Bivens" action after the case of that name. The "qualified immunity" analysis of a Bivens action against an individual Federal actor is exactly the same as against a State actor.

What types of Georgia entities can I sue in Federal Court for a civil rights violation, without having to worry about sovereign immunity?

In answering this question, the key factor is whether or not the entity is the "State of Georgia" (or one if its departments) or if the entity is a merely a creature created by State law.

For example, counties (generally) and cities are not considered to be arms of the State of Georgia. Similarly, local school boards and agencies like MARTA are also not "the state." However, state prisons, the Georgia Bureau of Investigations, the Department of Transportation, the Attorney General’s Office . . ., etc. – these are all examples of State of Georgia entities which are not subject to suit in Federal Court.

Keep in mind, even if you cannot sue the entity, you can still sue the individual actor.

How do I sue one of these Georgia entities in Federal Court for a civil rights violation?

Entities created by government statute, like cities, counties, school boards, . . ., etc., are legally considered to be "public corporations." Thus, when you sue one of these public entities, you do so similar to the same rules used when suing a private corporation.

This means that you sue the entity through its president or CEO (like a mayor or "city manager") or maybe through its Board of Directors (like a county board of commissioners).

Are there any special requirements for prisoners (state, local, or federal) to sue in Federal Courts over conditions related to their confinement?

Yes. Prisoners are in a special category of potential litigants, because courts were being flooded with prisoner generated lawsuits. As they have a constitutional right to file a lawsuit, courts were being flooded with frivolous claims. Prisoners are in a special category of potential litigants, because courts were being flooded with prisoner generated lawsuits. As they have a constitutional right to file a lawsuit, courts were being flooded with frivolous claims.

How much time do I have to sue in Federal courts for a civil rights violation?

There is no national statute of limitations for suing in all cases of an alleged civil rights violation. The applicable statute of limitations in the state where the violation occurred, and for the type of violation being alleged, is applied. Thus, in Georgia, for all claims of bodily injury, the statute of limitations is two (2) years from the date of the occurrence.

Do pre-suit notice requirements apply to individual government actors?

Maybe not. When you are suing an individual, you do not have to provide pre-suit notice; one is only required for suing an entity. But remember, if you are suing a state employee for negligence committed in the scope of the individual’s official capacity, pursuant to the GTCA, you can NOT sue the individual and your lawsuit is actually against the Sate of Georgia. When you are suing an individual, you do not have to provide pre-suit notice; one is only required for suing an entity. But remember, if you are suing a state employee for negligence committed in the scope of the individual’s official capacity, pursuant to the GTCA, you can NOT sue the individual and your lawsuit is actually against the Sate of Georgia.

In this instance, then, failure to provide pre-suit notice as required by statute could prove fatal.

Can I sue for state violations in Federal Court?

Yes. But, you need to have a legitimate reason for invoking federal jurisdiction over a case. Also, as federal judges are often unfamiliar with state law, it might be wise to bring two (2) separate lawsuits, one in the federal court and one in a state court.But, you need to have a legitimate reason for invoking federal jurisdiction over a case. Also, as federal judges are often unfamiliar with state law, it might be wise to bring two (2) separate lawsuits, one in the federal court and one in a state court.