Friday, August 19, 2022

How To Sue The Federal Government

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Filing A Federal Tort Claims Act Lawsuit

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If you do not receive a favorable ruling in your administrative action, you may proceed with a lawsuit under the Federal Tort Claims Act. Your FTCA lawsuit should be filed in the United States District Court which covers the jurisdiction where your accident took place .

Your case will be assigned to an attorney with the United States Department of Justice and an experienced attorney on your side should be familiar will all the legal proceedings and defenses the federal government may use to keep from paying you the compensation you deserve. Under the FTCA, you may not sue the federal government for more money than you asked for in your SF95 Notice of Claim. Retaining a qualified attorney from the very beginning can help ensure you file for all the injury damages you are entitled to.

Lawsuits Against A President Vs Impeachment

Congress can choose to impeach a president whether a lawsuit is involved or not. It is common for impeachment to follow a lawsuit, but a lawsuit does not need to occur. To date, there have been four impeachment inquiries:

  • Andrew Johnson: Charged for violating the Tenure of Office Act, but was not removed from office. The impeachment was not tied to a particular lawsuit.
  • Richard Nixon: Charged for obstruction of justice, abuse of power, and contempt of Congress, but was not removed from office. Nixon resigned. The impeachment was not tied to a particular lawsuit.
  • Bill Clinton: Charged for perjury to a grand jury and obstructing justice, but was not removed from office. This case was tied to a lawsuit.
  • Donald Trump: Charged for obstruction of justice and abuse of power, but was not removed from office. The impeachment was not tied to a particular lawsuit.

No one has been removed from the office of the president due to a lawsuit or impeachment. However, these can contribute to a president resigning or not running for a second term.

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Suing The Government For Negligence Governmental Liability

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Kevan Montoya and his staff are incredible! I was able to concentrate on healing and my family instead of insurance companies and paperwork. Not only are the staff empathetic and efficient, Mr. Montoya was tenacious in making sure that my interests were considered. Theyve got your back!
Lisa Allen

Planning on suing the government for negligence? Is this even possible? The short answer to this question is yes, but it isnt easy. The process is complex, and the rules and regulations surrounding it are substantial.

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Filing Your Lawsuit In Federal Court

You must file your lawsuit in the United States District Court either where you live or where your claim arose. For example, say you live in California, but you slipped and fell at a post office while visiting your parents in Arizona. You may file your lawsuit in federal court in California or Arizona.

You can’t ask for more money in your lawsuit than you asked for in your administrative claim unless you present newly discovered evidence to support the higher demand. You may ask for compensatory damages , not punitive damages .

Once you file your lawsuit in federal court, the process is like any other lawsuit.

Members Of The Reserve Officers Training Corps

How to File a Lawsuit Against the Federal Government

Subject to the provisions of this section, this subchapter applies to a member of, or applicant for membership in, the Reserve Officers Training Corps of the Army, Navy, or Air Force who suffers an injury, disability, or death incurred in line of duty

while engaged in a flight or in flight instruction under chapter 103 of title 10 or

while performing authorized travel to or from, or while attending, training or a practice cruise under chapter 103 of title 10.

For the purpose of this section, an injury is incurred in line of duty only if it is the proximate result of the performance of military training by the member concerned, or of his travel to or from that training, during the periods specified by subsection of this section. A member or applicant for membership who contracts a disease or illness which is the proximate result of the performance of training during the periods specified by subsection of this section is considered for the purpose of this section to have been injured in line of duty during that period. Subject to review by the Secretary of Labor, the Secretary of the military department concerned, under regulations prescribed by him, shall determine whether or not an injury, disease, or illness was incurred or contracted in line of duty and was the proximate result of the performance of military training by the member concerned or of his travel to or from that military training.

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What Do I Have To Prove To Win My Case

You can generally bring your claim under the same negligence theories that you bring a claim against any other entity. You must prove that the responsible person breached their duty of care. In the case of a claim against the federal government, the person who breaches their duty must be a federal government employee.

If the employee breaches their duty of care, you must prove that theyre acting within the scope of their official duties when the breach occurs. If theyre running a personal errand or theyre otherwise doing things that are outside of their assigned, official functions, you may need to bring your claim against the responsible person directly. However, if theyre acting in the course of their employment duties, youve satisfied this requirement.

Finally, you must prove that the employees breach of their duty results in your injuries. This process is called proving causation. If youre hurt because of something other than the employees negligence, you cant look to the federal government to recover. However, if you get injured because of the employees negligent breach of the duty of care, you can bring your claim against the federal government for recovery.

Suing A Federal Employer For Wrongful Termination

Wrongful termination occurs when an employer fires someone for any reason prohibited by the law. Firing an employee based on discrimination or in retaliation for something the employee did are examples of wrongful termination. Wrongful termination can also occur when employees are forced out on trumped up charges or coerced to resign.

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Making A Claim Under The Federal Tort Claims Act

Historically, the doctrine of “sovereign immunity,” prevented ordinary people from suing the king. Sovereign immunity carried over to the U.S. government until lawmakers passed the FTCA in 1946. Now you can sue the federal government in some cases, but you have to follow special rules.

The FTCA is meant to compensate people for injury, property loss, or death “caused by the negligent or wrongful act or omission of any employee of the Government.” But this broad-sounding mandate is subject to a lot of fine print.

You might have a claim under the FTCA if you were:

  • injured by a federal government employee
  • the employee was acting within the scope of their duties
  • the employee was acting negligently or wrongfully, and
  • the negligent or wrongful act caused you harm.

If you have documentation that your claim meets these requirements, then you may file an administrative claim within two years of the date you were harmed. You must file an administrative claim before you can sue the federal government in court.

Basically The Government Cannot Be Too Over In What They Do

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As mentioned above, judicial review is looking at the legality of the governments actions but not the reason why they came to that decision in the first place. With this being said, basically judicial review steps in when the government has, for the ease of explanation, gone bonkers in their actions. This is why there are four grounds for judicial review. They are:

This is where the governments actions breaks the law, such as the Federal Constitution or the any Acts of Parliament. For example, the new Insolvency Act 1967 states you can be discharged from bankruptcy after 3 years if you fulfil the two requirements. So, if the Director General of Insolvency refuses to release you from bankruptcy even after you have fulfilled the two requirements, then you might have a ground for judicial review.

This ground came from the UK case of Associated Provincial Picture Houses Ltd. v Wednesbury Corporation and was reiterated in another famous case, Council for Civil Service Unions v Minister for Civil Service, where the judge essentially stated that irrationality can be relied on when the government has acted in a way that makes even your local kopitiam uncle recoil in horror because it just doesnt make sense. Lord Diplock puts it in a nicer way than we do :

An example of an unreasonable decision given by the courts include where a red-haired teacher is fired for having red hair.

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We Uphold The Civil Rights Of All People In The United States

The Civil Rights Division enforces federal laws that protect you from discrimination based on your race, color, national origin, disability status, sex, religion, familial status, or loss of other constitutional rights.

If you believe your civil rights, or someone elses, have been violated, submit a report using our online form.

or learn more about your rights

If you are in danger, contact

If you or someone else is in immediate danger,

If you are reporting misconduct by law enforcement or believe you have experienced a hate crime, please contact the FBI.

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Citizens Suing Other States

In Chisholm v. Georgia, 2 U.S. 419, 1793, the Supreme Court found that a citizen of state A has the ability to sue state B. However, this rule was later superseded by the Eleventh Amendment, which states that “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” As such, a citizen of State A can no longer sue State B.

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There Is A Particular Way To Bring A Judicial Review Action

The rules governing how a judicial review action can be brought are numerous but we will deal with this briefly just to give you guys a general idea. Order 53 of the Rules of Court 2012 governs applications for judicial reviews. Basically, among other things, in order to proceed with a judicial review application, you need to first gain leave from the High Court.

The application for judicial review must also be brought within 3 months from the date you first had reason to bring a judicial review action ).

The part which we want to focus on can be found in Order 53, Rule 2:

Any person who is adversely affected by the decision of any public authority shall be entitled to make the application.

Er. What does adversely affected mean? Does this mean that if you got a shock from watching your neighbour crash his car into the other neighbours house, would you be adversely affected? Not really, but to explain this, we need to look at something called a locus standi.

locust standing.

What Is Considered A Violation Of Civil Rights

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When a person believes they have been mistreated, they should consider:

Discrimination is one of the most common civil rights complaints. It could be discrimination because of ones race or color, sex or age, etc. There are also more nuanced violations you might experience.

Refusal of service is a form of civil rights violation covered under public accommodation. It is when a public or private business refuses service to a person based on race, sex, disability, and sometimes sexual orientation or gender identity. It is a form of discrimination.

A civil rights case can also be brought for harassment in the workplace or school. This could be sexual harassment, verbal harassment, a hostile work environment, intimidation, threats, or violence.

In a housing case, an owner or manager could harass a resident by stopping their access to their apartment or interfering with their access to utilities.

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How Do You Determine Who Is At Fault In A Car Accident

During a typical year, more than 100,000 car accidents occur in the state of Washington, according to WSDOT. Many of these crashes will have a clear-cut cause, leading to a police accident report that assigns fault. But how do you determine who is at fault in a car accident? What steps do police follow in the investigation of a crash to figure out

What Kind Of Negligence Does Illinois Cover

An Illinois resident can sue their state government for personal injury as long as they could also file the same claim against a private person or business. Examples include:

  • A person hit and injured by a post office vehicle can file a valid claim under the Illinois Court of Claims act just like a victim in a car accident could sue another driver.
  • Private individuals can file premises liability claims if a dangerous condition on state property caused an injury.
  • A victim of medical malpractice can sue doctors and nurses and state hospitals.
  • Any other negligence claims where state government agencies or employees dont take proper care of their people.

You can find more claim specifics under Illinois state law.

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How To Sue The Federal Government

This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow’s legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.There are 11 references cited in this article, which can be found at the bottom of the page. This article has been viewed 47,887 times.

Typically, you can’t sue the federal government. However, the Federal Tort Claims Act provides a limited right for private citizens to file a lawsuit in federal court against a federal government agency for negligence or personal injury claims. You may have a lawsuit under the FTCA if, for example, you were hit by a postal service truck while crossing the street, or you slipped and fell in a Social Security office. A lawsuit under the FTCA is more complicated than a basic personal injury lawsuit against another individual or a private business, and you must first exhaust administrative remedies before you have the right to sue the federal government.XResearch source

History Of Lawsuits Against A Sitting President

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There is a long history of lawsuits against presidents â some come to fruition while others are refused a hearing by the Supreme Court.

These two cases have set much of the precedent for presidential lawsuits as they are today:

  • Nixon v. Fitzgerald is a case from 1982 where A. Earnest Fitzgerald brought a lawsuit against several government officials, including President Richard Nixon. The Supreme Court decided that presidents are not immune to criminal charges while in office.
  • In 1997, the Supreme Court heard Clinton v. Jones, which determined a sitting president could not be sued in a civil suit for official actions until the conclusion of their term. This gave President Bill Clinton temporary immunity . When he left office, Paula Jones was able to continue the sexual harassment lawsuit.

Lawsuits can also be used to stop a president-elect. In President Obamaâs case, a 2009 lawsuit was filed in federal court claiming he was ineligible to be president.

Notable recent examples include President Trump being sued under the emoluments clause of the constitution, defamation, sexual harassment, and anti-abortion policies.

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Laws Protecting You From Discrimination

Federal anti-discrimination laws include the following:

  • Title VII of the Civil Rights Act of 1964
  • Equal Pay Act of 1963
  • Age Discrimination in Employment Act of 1967
  • Americans With Disabilities Act of 1990
  • Genetic Information Nondiscrimination Act of 2008

The Equal Employment Opportunity Commission is the federal agency that enforces these laws.

In Pennsylvania, discrimination cases are handled by the Pennsylvania Human Relations Commission . This state agency enforces the Pennsylvania Human Relations Act , a state law that prohibits employment discrimination.

Can A Federal Employee Sue Their Employer

Federal employees share many similarities with their privately employed counterparts.

However, when a privately employed person is injured or wrongfully terminated, they can sue their employer.

When the government is your employer, the question often arises: Can a federal employee sue their employer?

The answer is yes, with some caveats. Because the federal government has sovereign immunity, federal employees cannot file lawsuits against it unless the government waives this immunity. Therefore, if a federal employee wants to sue the federal government, they can do so only in limited circumstances.

In these limited circumstances, the exact methods for suing the government may not be actual lawsuits, at least at first. Federal employees have to go through certain administrative procedures before they can file a lawsuit in federal court, and thankfully many times a complaint can be resolved during these administrative procedures.

Our federal EEOC attorneys will explain what you need to know.

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