Introduction
Governmental entities and employees can only be
sued under certain circumstances. The concept that
government and its employees cannot be sued comes
from English law that "The King can do no wrong."
Since we don't have a king, it is instead said that
the 'Sovereign' (a.k.a the government) can do no
wrong. In effect, the government is immune from
suit. Luckily for us, we have certain civil rights
protected by our state and federal constitutions
which the sovereign cannot infringe on without
consequences. Additionally, our state and federal
Legislatures have passed statutes which allow suit
to be brought against the state, local, and federal
governments. This section discusses some of the
issues regarding government immunity and liability.
What Kinds of Claims?
What types of claims are brought against
the government?
The short answer is all types. Claims range from suit against school administrations for neglect to children to claims agains federal Park Service agencies for failure to properly maintain facilities. Some claims involve constitutional rights, others involve the same type of rights you generally hold. For example, each of us has the right to be free from harm due to someone else's inattention while driving their car (negligence). However, because the King can do no wrong, different rules control when you can sue for an auto accident with a state employee driving a state vehicle.
The short answer is all types. Claims range from suit against school administrations for neglect to children to claims agains federal Park Service agencies for failure to properly maintain facilities. Some claims involve constitutional rights, others involve the same type of rights you generally hold. For example, each of us has the right to be free from harm due to someone else's inattention while driving their car (negligence). However, because the King can do no wrong, different rules control when you can sue for an auto accident with a state employee driving a state vehicle.
Constitutional Liability
Constitutional Liability
The state and federal constitutions guarantee several rights to citizens. Under the Utah constitution, for example, all children are guaranteed the right to a free and open public education.
For purposes of injury law, the most important constitutional rights are:
* the right to due process,
* the right to equal protection,
* the right to be free from unreasonable search and seizures, and,
* the right to be free from cruel and unusual punishment.
Unfortunately, these rights most often come into conflict with the government in the law enforcement setting. Statute of limitations may vary with respect to these rights, depending on the nature of the claim. In other words, check with an attorney if you think you have a claim because the clock may already be running.
The state and federal constitutions guarantee several rights to citizens. Under the Utah constitution, for example, all children are guaranteed the right to a free and open public education.
For purposes of injury law, the most important constitutional rights are:
* the right to due process,
* the right to equal protection,
* the right to be free from unreasonable search and seizures, and,
* the right to be free from cruel and unusual punishment.
Unfortunately, these rights most often come into conflict with the government in the law enforcement setting. Statute of limitations may vary with respect to these rights, depending on the nature of the claim. In other words, check with an attorney if you think you have a claim because the clock may already be running.
Statutory Liability
Statutory Liability
There are several statutes which govern the ability to sue government and its employees.
* The Federal Tort Claims Act (FTCA) governs the ability to bring a claim against the federal government or its employee for injury due to negligence. Claims must be submitted in writing within two years of the injury prior to beginning a lawsuit. If a written claim is not submitted, a lawsuit may be forever barred.
* The Utah Governmental Immunity Act controls the ability to sue state and local government for a variety of actions, including acts of employees. A notice of claim must be filed within one year of the injury and with the proper authority. Otherwise, a lawsuit cannot be brought and may be barred forever.
* Federal Civil Right suits are usually, but not always, controlled by 42 U.S.C. § 1983. This statute requires that the injury occur while an individual is 'acting under color of authority,' i.e. an off-duty policeman not holding himself out as an officer of the law cannot be held liable under § 1983 because he's not acting under color of authority. Claims for injury must generally be brought within four years in Utah. However, this time may vary depending on the claim and where the injuries occurred.
There are several statutes which govern the ability to sue government and its employees.
* The Federal Tort Claims Act (FTCA) governs the ability to bring a claim against the federal government or its employee for injury due to negligence. Claims must be submitted in writing within two years of the injury prior to beginning a lawsuit. If a written claim is not submitted, a lawsuit may be forever barred.
* The Utah Governmental Immunity Act controls the ability to sue state and local government for a variety of actions, including acts of employees. A notice of claim must be filed within one year of the injury and with the proper authority. Otherwise, a lawsuit cannot be brought and may be barred forever.
* Federal Civil Right suits are usually, but not always, controlled by 42 U.S.C. § 1983. This statute requires that the injury occur while an individual is 'acting under color of authority,' i.e. an off-duty policeman not holding himself out as an officer of the law cannot be held liable under § 1983 because he's not acting under color of authority. Claims for injury must generally be brought within four years in Utah. However, this time may vary depending on the claim and where the injuries occurred.