Statutory Law as Basis for Civil Rights Claims
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.
* 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.
Get Help Now - Call 1.877.359.8400.
If you are worried, have questions or concerns, call 1.877.359.8400 to speak with an attorney about your personal injury, wrongful death or medical malpractice case. Or, fill out a form for a free, confidential, no-obligation review by a lawyer.
Get Help Now - Call 1.877.359.8400.
If you are worried, have questions or concerns, call 1.877.359.8400 to speak with an attorney about your personal injury, wrongful death or medical malpractice case. Or, fill out a form for a free, confidential, no-obligation review by a lawyer.