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If you can't sue government, why can people sue the police department?
Isn't it a part of government?
- 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.
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).
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.
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.
- LILLLv 76 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.
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.
- MuttLv 76 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.