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Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 6 years ago

If you can't sue government, why can people sue the police department?

Isn't it a part of government?

4 Answers

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  • ?
    Lv 7
    6 years ago
    Favorite Answer

    You can sue the government BUT due to sovereign immunity you have to get their permission to do it in addition there are certain exceptions and abrogations that allows suits.

    http://en.wikipedia.org/wiki/Sovereign_immunity_in...

    You can sue the police through the exceptions and abrogation clause but only in certain circumstances. This is why the SCOTUS recently decided police don't have a Constitutional duty to protect someone (but this has always been the case).

    http://en.wikipedia.org/wiki/Warren_v._District_of...

    Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone

    By LINDA GREENHOUSE

    Published: June 28, 2005

    WASHINGTON, June 27 - The Supreme Court ruled on Monday that the police did not have a constitutional duty to protect a person from harm, even a woman who had obtained a court-issued protective order against a violent husband making an arrest mandatory for a violation.

    The decision, with an opinion by Justice Antonin Scalia and dissents from Justices John Paul Stevens and Ruth Bader Ginsburg, overturned a ruling by a federal appeals court in Colorado. The appeals court had permitted a lawsuit to proceed against a Colorado town, Castle Rock, for the failure of the police to respond to a woman's pleas for help after her estranged husband violated a protective order by kidnapping their three young daughters, whom he eventually killed.

    http://www.nytimes.com/2005/06/28/politics/28scotu...

    Decisions like this are why I'm a strong supporter of the 2nd Amendment and I go out of my way to let everyone know why.

  • LILL
    Lv 7
    6 years ago

    People sue the government all the time. Obama currently has 16 lawsuits against him for the immigration laws he's trying to implement.

  • ?
    Lv 7
    6 years ago

    You can't sue the government for it's actions as a government. However, you can sue a government agency for crimes that would be illegal if done by a private person. Click on the link below for an explanation from an attorney.

  • Mutt
    Lv 7
    6 years ago

    Who says you can't sue the government? You absolutely can, just as you can sue anyone else. It's a little more difficult, but can, and does happen.

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