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Sovereign Immunity/ EP/ First Amendment

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BOR

Senior Member
Darlin' This "person" is looking for someone else to do it's research. With the total crap it has passed your way...I think you are sweet to offer any assistance.

Howz the GF?? Still a beautiful doll?? :)

Of course I am sweet!

GF? If I had one right now, of course she would equal Jaclyn Smith or Lynda Carter.

:)

Gotta go feed my face now! :)
 

Just Blue

Senior Member
What is the difference between homework and legal advice? I don't get it. I was asking for legal advice or is that not ok?

Homework is something that a student should do to qualify for his/her grades.

Advice is what we offer to persons that are pro se.
 
If the 11th is such a legal hurdle, than he can sue in state court.

If the state Petitions for removal, then any alleged immunity is definitely waived, IMO.

If a 1983 action triggers possible 11th scrutiny, he can find a state law remedy.

Yeah state law remedies are still subject to state law immunities. So the best recourse is federal if there is no state immunity waiver.
 
Homework is something that a student should do to qualify for his/her grades.

Advice is what we offer to persons that are pro se.

Well I'm not doing any grading and I'm thinking about doing something pro se.I'm not in school and haven't been for a while. I need some legal advice. is that ok?

I help what I can as well on here. i don't give legal advice just my opinions of what I know. I do not represent myself as a legal professional so as people do not rely on my opinions.
So if I'm helping can't others help me?
 

Just Blue

Senior Member
Well I'm not doing any grading and I'm thinking about doing something pro se.I'm not in school and haven't been for a while. I need some legal advice. is that ok?

I help what I can as well on here. i don't give legal advice just my opinions of what I know. I do not represent myself as a legal professional so as people do not rely on my opinions.
So if I'm helping can't others help me?

But you said in another post that you were NOT in need of legal advice, but were actually doing "research".

We don't do "research"/"homework" . If you have an ACTUAL LEGAL CASE then clarify YOUR LEGAL SITUATION. "kay?

Thanks.
 
But you said in another post that you were NOT in need of legal advice, but were actually doing "research".

We don't do "research"/"homework" . If you have an ACTUAL LEGAL CASE then clarify YOUR LEGAL SITUATION. "kay?

Thanks.

Ok. What if a state agency has a policy that it grants preferential treatment for women over men? How could you sue for EP violations for damages not just injunctive relief?

Also if a state agency retaliated such as judge for filing a complaint and the judge is employed by the state. The state has a policy that it allowed the judge to do it, how could you sue for a first amendment retaliation claim against the state?
Same facts but instead of first amendment claim, a class of one EP claim?

For the sake of not arguing, absolute or qualified immunity does not apply to the state or govt entities. So don't address whether absolute immunity of a judge bars the state from being sued because it does not. Just address the issue of sovereign immunity of the state.
 

Silverplum

Senior Member
This is not clarifying YOUR legal situation. It's not clarifying the issue that YOU must take to court pro se.

It's HOMEWORK. :rolleyes:

Ok. What if a state agency has a policy that it grants preferential treatment for women over men? How could you sue for EP violations for damages not just injunctive relief?

Also if a state agency retaliated such as judge for filing a complaint and the judge is employed by the state. The state has a policy that it allowed the judge to do it, how could you sue for a first amendment retaliation claim against the state?
Same facts but instead of first amendment claim, a class of one EP claim?

For the sake of not arguing, absolute or qualified immunity does not apply to the state or govt entities. So don't address whether absolute immunity of a judge bars the state from being sued because it does not. Just address the issue of sovereign immunity of the state.
 

Antigone*

Senior Member
Of course I am sweet!

GF? If I had one right now, of course she would equal Jaclyn Smith or Lynda Carter.

:)

Gotta go feed my face now! :)

OMG Bor, you are you sure you're not my dad???

Your other GF doesn't happen to be Lindsey whatever (the bionic woman), because if it is, then I'm really going to start worrying about you being my dad:eek:
 
This is not clarifying YOUR legal situation. It's not clarifying the issue that YOU must take to court pro se.

It's HOMEWORK. :rolleyes:

I'm going through a divorce and the court's have a general policy that in a divorce temporary custody goes to the mother regardless of the circumstances. I filed a complaint and/or appealed and the judge then retaliated against me. How can I sue the state for first amendment retaliation or EP gender claim?

I don't care about absolute immunity since this is an official capacity suit. I just want to know if I can sue the state considering the 11th amendment?
 

Zigner

Senior Member, Non-Attorney
I'm going through a divorce and the court's have a general policy that in a divorce temporary custody goes to the mother regardless of the circumstances. I filed a complaint and/or appealed and the judge then retaliated against me. How can I sue the state for first amendment retaliation or EP gender claim?

I don't care about absolute immunity since this is an official capacity suit. I just want to know if I can sue the state considering the 11th amendment?

Your situation does not allow you to sue the state (successfully).
Your claim of a 1st amendment violation is false.
Your claim of EP gender violation is false.
Your premise about a court policy is wrong.
You should get a family law attorney to help you in your divorce case.
 
I'm not saying it will be successful I'm saying how could I get pass the 11th amendment. Believe me. This is not a family law case. This is a civil rights case that arose from a family law case. Most family law attorneys wouldn't even know that there are causes of action which the 11 amendment doesn't apply.

I'm not saying I would be successful. I'm asking how would I do it? Is there a law that lets me sue under either the 1st amendment or EP gender against the state?
 

Zigner

Senior Member, Non-Attorney
I'm not saying it will be successful I'm saying how could I get pass the 11th amendment. Believe me. This is not a family law case. This is a civil rights case that arose from a family law case. Most family law attorneys wouldn't even know that there are causes of action which the 11 amendment doesn't apply.

I'm not saying I would be successful. I'm asking how would I do it? Is there a law that lets me sue under either the 1st amendment or EP gender against the state?

I would suggest that you not waste your time & money, nor the taxpayers time & money.
 
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