who do i serve if i sue the texas attorney general

How do I sue the state government for a personal injury?

Report a public official using public resources for political advertising in violation of Texas Elections Code Chapter 255 or Texas Education Code Chapter 11. Traffic Cameras Report a local government that has implemented or operated a photographic traffic control system in violation of Texas Transportation Code Chapter 707.

What happens when you sue the Attorney General?

This chapter applies to resolutions granting permission to sue the state or any of the agencies of government that collectively constitute the government of this state, including agencies, departments, bureaus, boards, commissions, offices, councils, courts, and institutions of higher education as defined by Section 61.003, Education Code.

Can you sue the state of Texas?

Nov 15, 2015 · The Attorney General has designated the Assistant Attorney General for Administration, Justice Management Division, to accept service of summonses and complaints for him/her. See 28 C.F.R. § 0.77(j).

How do I find a lawyer to sue a state?

Sep 06, 2018 · The Texas legislature has in fact enacted a limited waiver through the Texas Tort Claims Act. Under this act, a person may sue the state or a local government entity for “property damage, personal injury, and death proximately caused” by a public employee's negligence, omission, or other “wrongful act” that occurs within that person's ...

Who is the Texas Attorney General's boss?

Ken PaxtonKen Paxton is the 51st Attorney General of Texas.

How do I file a complaint against a Texas district attorney?

The State Bar of Texas is the agency with authority to regulate attorneys in Texas. If you have a complaint about the actions of an attorney, contact the State Bar's Grievance Committee at (800) 932-1900.

Does the US Attorney General prosecute?

The United States Attorney is responsible for a wide variety of prosecutions consistent with the priorities set by the Attorney General of the United States and exercises wide discretion in the use of her resources to meet the needs of the communities in the Western District of Texas.

What are the duties of the Texas Attorney General?

The main responsibilities of the Office of the Attorney General are defending the State of Texas and its duly elected laws by providing legal representation to the State, serving the children of Texas through the enforcement of the state's child support laws, securing justice for Texans, protecting Texans from waste, ...

How do I file a complaint with the Attorney General Office?

If you cannot complete the form online or need additional assistance with where to direct your complaint, please call our OAG Help Line at (800) 771-7755. Filing a false complaint is punishable as a Class A Misdemeanor. We need complaints in writing.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What does the US attorney general investigate?

The attorney general, in essence, runs a large law firm with broad scope that includes investigating drug traffickers, Medicaid fraud and prescription drug abuse.Apr 24, 2016

What power does the US attorney general have?

The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What are the duties and responsibilities of the Attorney General?

The principal duties of the Attorney General are to:Represent the United States in legal matters.Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.More items...•Oct 8, 2021

Does Texas have a flag?

The Texas flag is the only flag of an American State having previously served as a flag of a recognized independent country. The Lone Star Flag described above was not the first official flag of the Republic of Texas.

How do I contact the Texas Attorney General?

Attorney General, Office of the(512) 463-2100.Crime Victims: (800) 983-9933.Consumer Protection: (800) 621-0508.Toll Free: (800) 252-8011.Child Support Enforcement: (800) 252-8014.Open Government Hotline: (877) 673-6839.Press Office: (512) 463-2050.(512) 475-2994.More items...

How many times do you have to serve the Attorney General?

Attorney General is a defendant in his or her official capacity, you would technically have to serve the Attorney General twice!

What is the rule for serving HUD?

Rule 4 (i) (2) requires that to serve the HUD Secretary, you must “serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee.”. So Rule 4 (i) (2) sends you right back to Rule 4 (i) (1). Rule 4 (i) (1) has two steps to effect service (provided ...

What is the FRCp rule?

The instructions are contained at Rule 4 (i) of the Federal Rules of Civil Procedure (“FRCP”). Let’s take an example and that one of the defendants is the Secretary of the Department of Housing and Urban Development (“HUD”). Rule 4 (i) (2) requires that to serve the HUD Secretary, you must “serve the United States and also send a copy ...

What is the maximum amount of damages a municipal government can recover from a tort claim?

The Act limits a municipal government's damages to “$250,000 for each person and $500,000 for each single occurrence for bodily injury or death.”.

What is a governmental function?

A “governmental” function refers to a duty imposed on a local government by law, such as providing police and fire protection services. The Tort Claims Act actually lists 36 separate categories of governmental functions.

What is a governmental vs. proprietary function?

Governmental vs. Proprietary Functions. There is a critical distinction in Texas law between “governmental” and “proprietary” functions. The Tort Claims Act only waives immunity with regard to the former, as there is no immunity for the latter. A “governmental” function refers to a duty imposed on a local government by law, ...

Can you sue the state of Texas for sovereign immunity?

In England, the idea was that “the King could do no wrong,” and therefore could not be sued in court. Similarly, you cannot sue the State of Texas or any of its political subdivisions unless there is ...

Can you sue the state of Texas?

Similarly, you cannot sue the State of Texas or any of its political subdivisions unless there is a constitutional or legislative waiver of this sovereign immunity. “To bring a case against the state or a city is a difficult task—you can’t sue for just anything,” says Stephens.

Can you sue a city for a garbage truck accident?

In other words, if you are injured in an accident caused by a sanitation worker driving a city-owned garbage truck, you can sue the city for damages. But if that same worker injures you off-the-job driving his own vehicle, the city cannot be held liable.

Can you sue the state of Texas for personal injury?

The Texas legislature has in fact enacted a limited waiver through the Texas Tort Claims Act. Under this act, a person may sue the state or a local government for “property damage, personal injury, and death proximately caused” by a public employee's negligence, omission, or other “wrongful act” that occurs within that person's “scope ...

What happens when a complaint is filed in a district court?

Once the complaint has been filed with the district court, the clerk should issue a case number. In some courts, the attorney must file a partially completed summons with the complaint, which the clerk will complete and issue. In other courts, the clerk will create and issue the summons. Counsel are advised to review the district court’s local rules.

What is a district court action?

District court actions are generally brought against the officer/s or entity/entities responsible for the alleged wrongdoing and capable of providing the relief sought unless otherwise specified by statute or case law as discussed below. It is important to identify all the officials, entities or even executive departments (often there is more than one) that may be able to grant the requested relief when filing an action in district court.

What is the Federal Rule of Civil Procedure 21?

Federal Rule of Civil Procedure 21 governs adding or removing a respondent-defendant after a complaint is filed . Federal Rule of Civil Procedure 21 states that “[p]arties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just.” Thus, to add or remove a respondent-defendant, counsel should make a motion for leave to amend the petition-complaint to add the appropriate party.

What is the Mandamus Act?

§ 1361, authorizes actions in district court “to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.” In the immigration context, mandamus actions generally seek to force DHS to adjudicate an application for an immigration benefit, for example, a visa petition, adjustment of status application, or naturalization application.

What is the FTCA?

The Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680 authorizes monetary recovery for damages, loss of property, personal injury or death in suits where damages occurred as a result of the “negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” 28 U.S.C. § 1326(b).

What is an answer to a lawsuit?

Each defendant will have to respond to the lawsuit. Typically, a defendant files an “answer” with the court. In this document, a defendant admits, denies, or claims insufficient knowledge to admit or deny each allegation you made in your complaint. Your lawyer will receive the copy of each defendant’s answer.

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 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.

What information do you need to file a claim?

Generally, you will need to provide the following information: The name and address of the person bringing the legal claim. 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.

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.

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.

Can you sue a state employee?

Also, you can sue state employees for violations of your federal constitutional rights. In order to sue a state government correctly, you should meet with an attorney who can advise you about the specific process. Steps.

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

Some jurisdictions require that you file a claim within 30 days of your injury. Other states require a claim within 60, 90, or 120 days after your injury. Many states have one time limit for claims against a city, town, county, ...

How long do you have to wait to file a lawsuit?

This period is typically between 30 and 120 days. The court will dismiss a lawsuit that is filed before the Notice of Claim period expires.

What is negligence in Pennsylvania?

In Pennsylvania, governmental employees and entities also enjoy certain immunities from liability.

What is punitive damages?

Punitive damages are compensation that is awarded to an injured person in order to punish the wrongdoer and deter future similar misconduct.

What happens if you don't follow the notice of claim guidelines?

Instead, you need to provide a "Notice of Claim" to the government. If you do not follow notice of claim guidelines, your lawsuit will be dismissed by the court. You must ensure that the Notice of Claim complies with laws of the applicable jurisdiction. Format of the Notice of Claim.

What is the statute of limitations for personal injury?

The statute of limitations is a legal term that describes the period of time in which you must file a lawsuit or bring an injury claim after your injuries.

What information is required in a medical notice?

For example, in Pennsylvania, the notice must have the name and address of the injured person, the date, location, and hour of the accident, and the name and address of medical care providers .

What is the Attorney General of Texas?

The Attorney General is the constitutional, statewide elected official who acts as the attorney for the State of Texas. The Attorney General: 1 enforces state consumer protection laws; 2 collects court-ordered child support; and 3 administers the Crime Victims' Compensation Fund.

How to contact the Attorney General for child support?

For information about child support services, call the Office of the Attorney General’s Child Support Division at (800) 252-8014 or consult your phone directory for the number to your local office. Information is also available on the Office of the Attorney General Web site at www.oag.state.tx.us.

What is the PUC in Texas?

The Public Utility Commission of Texas (PUC) is the agency charged with ensuring that regulated electric and local telephone utilities observe state rules and service standards. Contact the PUC regarding your concerns at (888) 782-8477 or on the Web at www.puc.state.tx.us.

What to do if you disagree with Texas appraisal?

If you disagree with the tax rate, make your views known to the appropriate taxing authority (city, county, school district or other). If you want to complain about the actions of an appraiser, contact the Texas Appraiser Licensing and Certification Board at (512) 465-3950 or on the Web at www.talcb.state.tx.us.

How to contact the Texas State Law Library?

The Library, which houses all state and federal codes and statutes, can be reached at (512) 463-1722 or on the Web at www.sll.state.tx.us. I’m having trouble with my utility.

What is the number to contact for visitation?

Therefore, you may wish to discuss custody and visitation questions with a private attorney. The non-profit Family Law Hotline at (800) 777-3247 also provides legal counsel in family law matters.

How to contact the state bar?

The State Bar offers a Lawyer Referral Service at (800) 252-9690. If you cannot afford an attorney, you might be able to find assistance at a clinic sponsored by a nearby law school. I’m the victim of a violent crime in Texas.

How to sue the federal government?

Suing the Federal Government. To bring legal action against a federal agency, you must first contact the agency directly . The agency will provide you with information and forms, and try to settle the problem in-house. If you decide to move forward with a lawsuit (tort claim), use a Standard Form 95 (SF-95) - Claim for Damage, Injury, or Death.

How to complain about a judge?

The rules for filing complaints about state and local judges vary by state. To complain about a state judge, contact your state's commission on judicial conduct. It may be listed under state agencies on your state government web site .

How to contact USPS about a refund?

On the website, you can also file a claim or request a refund for shipping. Call 1-800-ASK-USPS ( 1-800-275-8777) or TTY: 1-800-877-8339.

What is SF 95?

If you decide to move forward with a lawsuit (tort claim), use a Standard Form 95 (SF-95) - Claim for Damage, Injury, or Death. While you do not have to use an SF-95 form to file a claim, it makes it easier to supply the information necessary for a claim.