how to sue the district attorney and the state

by Sean Strosin DDS 7 min read

How do you file a complaint against a district attorney?

Oct 10, 2013 · 215-716-1285. website. Phone. Contact. Website. Answered on Oct 14th, 2013 at 8:03 AM. You can sue a District Attorney or the office but they have immunity from most suits, …

Can a district attorney have jury duty?

Dec 20, 2008 · I am amazed that with a video showing that you were not the attacker, the District Attorney had the nerve to prosecute you. My guess is that they did it in order to discredit you …

Can you sue without an attorney?

Answer (1 of 10): In the US, district attorneys have complete discretion to decide whether to prosecute. Therefore, the answer to your question is no. You cannot sue the district attorney …

How do you become a district attorney?

Thus, a private school can be sued without having to file an administrative complaint. In general, this also means that it is usually much easier to file a lawsuit against a private school district …


What are the four types of prosecutorial misconduct?

The term prosecutorial misconduct refers to illegal or unethical conduct by a prosecutor in a criminal case.
1. What are the four main types of prosecutorial misconduct?
  • failure to disclose exculpatory evidence,
  • introducing false evidence,
  • using improper arguments, and.
  • discriminating in jury selection.

What are the consequences of prosecutorial misconduct?

Sufficiently culpable and harmful misconduct can result in the dismissal of charges or a declaration of a mistrial. Misconduct can also be raised on appeal or by a collateral attack on the conviction through a petition for habeas corpus.

What happens when a prosecutor is unethical?

Unethical Prosecutors are Never Prosecuted

A prosecutor's refusal to reveal exculpatory evidence may be immoral, unethical and illegal – and it may result in the imprisonment or death of innocent individuals – but the unethical prosecutor is never prosecuted.

What are the explanations for prosecutorial misconduct?

Prosecutorial misconduct occurs when a prosecutor intentionally breaks a law or a code of professional ethics while prosecuting a case. “Prosecutors have demanding jobs and high caseloads, and we recognize that they sometimes make honest mistakes,” says Innocence Project senior litigation counsel Nina Morrison.Apr 23, 2020

What is the Brady rule?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

What is prosecutorial bluffing?

Offering evidence that they know to be false or “inadmissible” in court. Keeping exculpatory evidence hidden from the defense, or “suppressing Brady evidence” Encouraging witnesses to lie on the stand, or “suborning perjury” Prosecutorial bluffing.

Do prosecutors lie?

Prosecutors will not indict their own witnesses for lying to further a prosecution. This out-of-touch-with-reality type of reasoning by courts is a big part of why police officers and prosecutor's investigators know they can lie with impunity.

Which of the following is the most common result of a prosecutor deliberately fails to hand over required evidence to the defense?

Which of the following is the most common result if a prosecutor deliberately fails to hand over required evidence to the defense? The court dismisses the charges against the defendant.

What is zealous prosecution?

Overzealous prosecution refers to someone instituting legal proceedings against a defendant for criminal behavior with the intention to support an excessive enthusiasm for some cause,rather than with any genuine basics for the suit.

What constitutes vindictive prosecution?

Vindictive prosecution has been defined by the United States Court of Appeals for the Seventh Circuit as behavior that results from "specific animus or ill will" or that occurs when a prosecutor "charges a more serious violation . . . in retaliation for the exercise of a legal or constitutional right in connection with ...

What is meant by malicious prosecution?

: the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause also : an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking damages.

What is prejudicial misconduct?

“Misconduct” is “conduct prejudicial to the effective and expeditious administration of the business of the courts.” A “disability” is a temporary or permanent condition, either mental or physical, that makes the judge “unable to discharge all the duties” of the judicial office.

Can you sue a state for a lawsuit?

Before suing, you should schedule a consultation with a qualified attorney who can advise you about your rights. You can’t sue the state for any injury. In fact, states usually can’t be sued. Only a qualified lawyer can advise you whether you meet one of the exceptions.

Can you sue a state for personal injury?

Generally, the state is immune from lawsuits, but you can usually still sue it for personal injury or sue state employees for violating your federal constitutional rights. Gather any evidence you have of the incident, like police reports, medical records, and communications between you and state representatives.

Is a state immune to lawsuits?

Generally, a state is immune from lawsuits. This is called “sovereign immunity,” and it prevents you from being able to bring a lawsuit even when a state injures you. However, there are some exceptions to a state’s sovereign immunity. For example, the state might allow people to sue for personal injuries caused by the state.

What happens if a state violates an injunction?

If the state violates the injunction, then you can ask the court to hold the police officers in contempt. Under the Supreme Court case Ex Parte Young (1908), you can sue a state official in federal court for violations of federal law and get an injunction.

How to find a lawyer for a divorce?

To find a lawyer, you should contact your state or local bar association and ask for a referral. Once you get the name, call and schedule a half hour consultation. Take all of your evidence to the consultation. The lawyer will need to understand your situation fully in order to advise you properly.

What to do if you come to a settlement agreement?

Draft a settlement agreement. If you come to an agreement, then your lawyer should draft a settlement agreement, which you and the state representative can sign. The settlement agreement is a contract. If either party breaks the contract, then the other can sue.

What to do if a minor is injured?

If a minor was injured, then state the child’s name and address and the name and address of a parent or guardian. The address where you want the state to send notices. Usually, you will pick your home address. The date, place, and circumstances of the accident. There is no need to be very detailed here.

Can you sue a district attorney for not prosecuting someone?

Therefore, the answer to your question is no. You cannot sue the district attorney for choosing not to prosecute someone. Other countries may be different. I cannot say.

Can the DA sue the government?

No. The DA is working for the government and you only get to sue the government if they allow you to. If you really want to get a person who you think committed a crime, then in some countries/states you can embark upon Private prosecution - Wikipedia. Another option is to sue the alleged criminal in the civil courts.

Can you sue for failure to prosecute?

There's also no cause of action under federal law for a failure to prosecute. Prosecutors have absolute immunity with respect to the cases they prosecute and so although you can sue, the action would likely be dismissed on a motion to dismiss.

Do criminal crimes have equivalents in civil law?

Many criminal crimes have equivalents in Civil Law. The standard of evidence required is also less. If you succeed in the civil court, then you may be able to convince the DA to prosecute in the Criminal Courts as most of the hard work has already been done. 1.5K views.

How to sue a school district?

To Sue a School District, You Need to Identify Your “Cause of Action”. One of the most important steps in suing a school district is determining the cause of action. A “cause of action” is a legal term that refers to the set of facts that establish the grounds to justify bringing a lawsuit. Basically, if a plaintiff can demonstrate ...

Can a teacher sue a school district?

For example, a teacher may sue a school district for wrongful termination, workers’ compensation, and/or claims relating to wage and hour issues.

What is the most important step in a school district lawsuit?

One of the most important steps in suing a school district is determining the cause of action. A “cause of action” is a legal term that refers to the set of facts that establish the grounds to justify bringing a lawsuit. Basically, if a plaintiff can demonstrate that a certain set of facts would allow them to seek redress against another party ...

What are some examples of causes of action in school districts?

Some common examples of different types of causes of action that are the basis of many school district lawsuits include: Sexual harassment and misconduct: A claim involving sexual harassment and/or misconduct may involve verbal or physical acts that are sexual in nature. While such causes of action in a school district lawsuit will normally be ...

What is the cause of action for discrimination in a school district?

Discrimination: A cause of action for discrimination can arise when a school district employs “selective admission” practices.

What happens if a school fails to meet the requirements for special education?

If a particular school or an entire school district fails to satisfy these conditions, then a student will have a right to file a lawsuit under the Individuals with Disabilities Education Act.

How to sue a school?

Important Step to Sue a School: File an Administrative Complaint Before You File a Lawsuit Against the School. Each school district has a special process that a plaintiff will be required to adhere to before they can file a lawsuit against the district or a particular school in court. Although these procedures can vary widely from school district ...

Filing claims against DC Office of Risk Management

The first step to take is filing a claim with the Office of Risk Management. This office investigates and tries to resolve injury claims filed against the city. Individuals may seek compensation for personal injuries, economic losses, and property damage.

Important information needed in claims against DC government

Along with the notice of claim, important documents like police reports, receipts, property titles, damage estimates, photographs, and medical bills should be included. Providing as much compelling information with your claim will be key to recovering for all of your damages and establishing liability on the part of the city.

Washington, DC attorneys to sue DC government

If your claim is denied or you decline any settlement offer made by the city, your attorney will then be able to file a formal personal injury lawsuit with the DC Superior Court. The Cochran Firm, D.C. has years of experience pursuing claims against the negligent actions of the city government.

How much can you sue for administrative denial?

In some states, the maximum amount of damages for which you can sue in small claims court is relatively high – as much as $10,000 or $20,000.

How long do you have to file a lawsuit against a government agency?

At this point, you have a limited period of time, typically six months or so, to file a lawsuit against the agency. When you receive a denial notice or other letter telling you that you have the right to file a lawsuit, keep the original and make copies.

What is the government's response to a lawsuit?

Often the government's response to your lawsuit will be to file an answer in which it denies most, if not all, of your allegations. This means you must prove each of those things at the hearing of your case. The government's answer also may include various defenses, or a motion to dismiss your lawsuit.

How long do you have to file a claim against a state?

However, you may have a shorter period of time to file a claim against a state or local government agency. In some areas, you must file your claim with the agency within 30 days of the date you were injured. For this reason, it's important that you contact the agency as soon as possible after the incident so you can preserve your right to sue ...

What happens if an insurance agency accepts a claim?

If the agency accepts your claim, you'll receive a notice that includes an amount the agency is willing to pay. If you agree to that amount (although it may be less than what you originally asked for), you can let the agency know and it will send you a check.

How much can you sue in small claims court?

In some states, the maximum amount of damages for which you can sue in small claims court is relatively high – as much as $10,000 or $20,000. However, in other states the limit is set at only a few thousand dollars. If your claim is worth more than this, you'll have to file your lawsuit in state civil court.

How long does it take to respond to a lawsuit?

If you filed your lawsuit in state civil court, the government may have as long as a month to respond to your lawsuit. However, small claims courts typically allow briefer periods of time for a response, sometimes only a couple of weeks.

What is the first task to be performed when suing the federal government?

The very first task to be performed when suing the federal government is to file a document known as a Notice of Claim. Essentially, this means that you must file a claim with the agency that committed the negligence (i.e., Department of Education, Secret Service, etc.)

What happens if the government doesn't take action?

This means that the government can investigate the matter, and in some situations settle claims. If the government has not taken action then suit can be brought. The legal standard is whether the government has taken a “final administrative action.”.

Is the federal government responsible for causing harm?

The federal government, like any other entity, is often responsible for causing innocent people to be harmed. For those of us who live in the Washington metropolitan area, the chances of being harmed by a government employee are increased because of the prevalence of government workers here.

Can a federal claimant be a jury?

Usually, the claimant is not entitled to a jury trial. This means that a federal judge will decide what compensation, if any, is appropriate. ***. In short, suing the federal government can be a confusing matter.

3 attorney answers

Depends on what you wish to sue the State for!! Be aware of shorter statutes of limitations and the need for a notice of claim for many State actions.

Eliot M. Wolf

As Mr. Slick and Mr. Wolf indicated, you should seek counsel from some one familiar with bringing law suits against the state, and the type of lawyer depends on the nature of your claim.