Full question:
I understand that you can't sue the state but is there anything preventing a citizen of the United States from filing a civil lawsuit against the FBI?
- Category: Civil Actions
- Date:
- State: South Carolina
Answer:
The doctrine of sovereign immunity limits the ability to sue the government, but it is not absolute. In the U.S., citizens can sue federal agencies, including the FBI, in U.S. District Courts. However, many states have laws that restrict the monetary liability of the state under tort-claims statutes.
Sovereign immunity means that the government cannot be sued unless it consents to the lawsuit. This principle extends to federal agencies like the FBI, IRS, and others. The 11th Amendment of the U.S. Constitution states that federal judicial power does not extend to lawsuits against a state by citizens of another state or foreign subjects.
Despite sovereign immunity, individuals can sue state officials for actions that violate federal law. States cannot claim immunity in lawsuits brought by other states or the federal government. Additionally, Congress can allow private lawsuits against states by passing specific legislation that waives their sovereign immunity.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.