Can I sue the State of Georgia for violating my rights in State Court?

Yes. When you are considering suing the State of Georgia in one of its State Courts, it is often best to sue for state law violations, as opposed to relying on a Civil Rights Act theory of liability. When you are considering suing the State of Georgia in one of its State Courts, it is often best to sue for state law violations, as opposed to relying on a Civil Rights Act theory of liability.

In 1992, the Georgia Legislature passed a law, pursuant to an amendment to Georgia’s Constitution, called the "Georgia Tort Claims Act" (GTCA), partially waiving the State of Georgia’s immunity for the actions of its actors and entities brought pursuant to State law. It is modeled after a similar federal law called the "Federal Tort Claims Act" (FTCA).

Can I sue other types of Georgia governmental entities in State Court, other than the State itself?

Yes. But, as with suing the State, you have to be very careful to follow the notice rules applicable for "local" governmental entities. This is true ONLY for municipalities and counties. But, as with suing the State, you have to be very careful to follow the notice rules applicable for "local" governmental entities. This is true ONLY for municipalities and counties.

For municipalities, you have six (6) months from an occurrence to provide pre-suit notice of a claim; for counties you have twelve (12) months.

Failure to strictly comply with these rules will forever bar all lawsuits for state law violations against a municipality or county entity.

Are there immunity issues I need to be worried about where I am saying my state law rights were violated by someone other than a state employee?

Yes. The actions of individual local governmental actors are subject to an "official immunity" test (as opposed to the state employee’s "official function" test). The actions of individual local governmental actors are subject to an "official immunity" test (as opposed to the state employee’s "official function" test).

As with any type of immunity test, the first question is always was whether or not the local governmental actor was acting in the scope of the individual’s authority; if not, there is no further inquiry required.

Thus, a law enforcement officer actions in the capacity of making an arrest may be protected by "official immunity" but not maybe, for instance, statements made to the press.