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Sovereign Immunity/ EP/ First Amendment

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What is the name of your state (only U.S. law)? CA

Anyone know if a State has waived or had their sovereign immunity abrogated by Congress for Equal Protection (specifically gender) or first amendment violations?

I know the gender discrimination under 42 sec 2000d-7 for educational gender discrimination but besides education, is there a way to bypass sovereign immunity?
 


HomeGuru

Senior Member
Is this for homeowrk or do you have a specific issue you are dealing with? Are you going to be your own attorney?
 
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This is for research. I have found de facto policies of gender discrimination in state proceedings which I can prove. Also there is a "class of one" claim of a judicial officer. Obviously there is no way around judicial immunity but in their official immunity only state sovereign applies since i can show a policy and custom.

Does it violate the terms of service if I ask as an attorney? Is this only for non-attorneys seeking legal advice? Just curious.
 

Zigner

Senior Member, Non-Attorney
This is for research. I have found de facto policies of gender discrimination in state proceedings which I can prove. Also there is a "class of one" claim of a judicial officer. Obviously there is no way around judicial immunity but in their official immunity only state sovereign applies since i can show a policy and custom.

Does it violate the terms of service if I ask as an attorney? Is this only for non-attorneys seeking legal advice? Just curious.

Are you implying you are an attorney? Based on your post history, I find it laughable if you are.
 

ecmst12

Senior Member
You would need to verify your credentials with the moderator before you can claim to be an attorney on here.
 

BOR

Senior Member
What is the name of your state (only U.S. law)? CA

Anyone know if a State has waived or had their sovereign immunity abrogated by Congress for Equal Protection (specifically gender) or first amendment violations?

I know the gender discrimination under 42 sec 2000d-7 for educational gender discrimination but besides education, is there a way to bypass sovereign immunity?

There is NO SI for the feds or any state for such actions.

SI has not been waived, because there was none to waive. Such actions are not Tort Claims, such as an injury caused by the negligence of a govt. worker.
 
There is NO SI for the feds or any state for such actions.

SI has not been waived, because there was none to waive. Such actions are not Tort Claims, such as an injury caused by the negligence of a govt. worker.

This is totally confusing. States have SI unless waived or abrogated. Municipalities and Fed do not.

So you're saying under sec 42 USC 2000d-7, SI is not waived?
 

BOR

Senior Member
This is totally confusing. States have SI unless waived or abrogated. Municipalities and Fed do not.

So you're saying under sec 42 USC 2000d-7, SI is not waived?

Did you read the law you posted. It says right there there is no immunity for 11th AM claims.

Where do you get that Municipalities can not enjoy Immunity in any form?? They derive thier powers from the state.

Again, we are not talking about a personal injury claim as being hit by a driver in a govt. car.

Civil Rights violations are NOT the same thing.

If I sue the state or the federal govt. for violating my 1st AM rights, I do NOT need thier permission to proceed.

My complaint will be subjected to Cause of Action scrutiny, that's all.
 
Maybe it is different where you live

Did you read the law you posted. It says right there there is no immunity for 11th AM claims.

Where do you get that Municipalities can not enjoy Immunity in any form?? They derive thier powers from the state.

Again, we are not talking about a personal injury claim as being hit by a driver in a govt. car.

Civil Rights violations are NOT the same thing.

If I sue the state or the federal govt. for violating my 1st AM rights, I do NOT need thier permission to proceed.

My complaint will be subjected to Cause of Action scrutiny, that's all.

Over here it reads

(a) General provision
(1)
A State shall not be immune under the Eleventh Amendment
of the Constitution of the United States from suit in Federal court for a violation of section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], or the provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance.
(2)
In a suit against a State for a violation of a statute referred to in paragraph (1), remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State.

United States Code: Title 42,2000d–7. Civil rights remedies equalization | LII / Legal Information Institute

Do you read it saying it is not waived? It is waived by accepting grants.


Ok now for municipal liability.

the County is not entitled to qualified immunity for acting in good faith reliance on state law. See Owen v. City of Independence, 445 U.S. 622, 638, 100 S. Ct. 1398, 63 L. Ed. 2d 673 (1980) (finding that HN46there is no qualified immunity for local government). Rather, the County is subject to liability under Monell v. Department of Social Services, if a "policy or custom" of the County deprived the Humphries of their constitutional rights. 436 U.S. 658, 694, 98 S. Ct. 2018, 56 L. Ed. 2d 611 (1978). The district court did not address the County's liability under Monell because it found no violation of the Humphries' constitutional rights.


Humphries v. County of L.A., 554 F.3d 1170, 1202 (9th Cir. Cal. 2009)
 

BOR

Senior Member
What EXACTLY do you want to sue under?

Unless the 11th AM is triggered, forget it, as you are confusing the matter here concerning immunity.
 
As I explained, earlier I am looking for an EP exception besides sec 2000d-7. I'm looking for a class of one or gender claim. Also a first amendment retaliation claim as well. Whenever you sue a state official/ actor it triggers 11th unless you sue them in their individual capacity.

The person is absolutely immune (judge) so it has to be an official capacity suit against a state actor.
 
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BOR

Senior Member
As I explained, earlier I am looking for an EP exception besides sec 2000d-7. I'm looking for a class of one or gender claim. Also a first amendment retaliation claim as well.

By EP I take it is Equal Protection under the 14th?

If you are a victim of gender discrimination, are you familiar with what is known as Title 7 in 42 USC.

A 1st AM claim can be different from a 1st AM "retaliation" claim.

What are the SPECIFIC facts, if they are not to divulging.
 

CdwJava

Senior Member
BOR, he is seeking to show that restraining orders are unconstitutional. :rolleyes: Read his multitude of other posts on the topic and you will get the idea.
 
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