Can I Sue the State? A School District? A City?
Our firm is asked often such question as “Can I sue the state of Colorado?” “Can I file a lawsuit against a school district?” “Is it possible for me to pursue litigation against a city?”
The Answer: Maybe
As in most things in the law, the answer is a strong maybe. Most often the government cannot be sued because it has immunity from suit — this is called soverign immunity because it stems from the time when kings could not be sued by their subjects. There are exceptions to this rule for those instances where:
- The governmental agency or entity operates a motor vehicle
- The government operates a hospital or correctional facility
- The government operates a building that has a dangerous condition
- The governmental agency knows that it is allowing snow or ice to accumulate on the sidewalks and driveways around a building
- The government operates and maintains a gas facility, water facility, sanitation or swimming facility, and
- The government operates a public park.
Other reasons to waive immunity include the government failing to conduct a background check on certain educational employees and failing to correct the direction of right of way road signs.
The Government Is Protected From Certain Lawsuits
The list of what the government is protected from is much larger, such as:
- Wet, gravel filled driveways outside a school
- The use of a public recreation center
- Holes in the parking lots of public golf courses
- The manner in which a police officer acted toward his passenger in a patrol vehicle, and
- Those instances when a governmental employee’s privately owned motor vehicle is used on the job.
How Can We Help You?Call Shaun Kaufman Law at 303-309-0430. We are happy to offer a free, initial phone consultation regarding your case.
Subscribe via Email to Shaun Kaufman Law Posts
Popular Posts This Month at Shaun Kaufman
- Sartorial Tips from a Lawyer: What to Wear to Court March 17, 2015: Update on "Sartorial Tips from a Lawyer" Since…
- What To Do When Confronted with a DUI Checkpoint In 1990 some Michigan motorists challenged the constitutionality of a highway…
- Sentencing: Tips for Preparing a Mitigation Package Sentencing is important in many criminal defense cases. Understand that…
- Should You Lie or Not Talk to the Police? Can I get into trouble if I lie to the…
- After the DUI Arrest, What Happens Next? After you are taken into custody for DUI, you will…
Shaun Kaufman Law serves clients across…
Denver Metro area and throughout Colorado, the Denver Tech Center, Golden, Brighton, Littleton, Boulder, Lakewood, Longmont, Englewood, Arvada, Fort Collins, Greeley, Aurora, Evergreen, Lakewood, Broomfield, Castle Rock, Parker, Highlands Ranch, Centennial, Glendale, Louisville, Lone Tree, Aspen, Vail, Breckenridge, Steamboat Springs, Cherry Creek, Pueblo, Black Hawk, Georgetown, Eagle, Carbonale,,El Jebel, Leadville, Glenwood Springs, Granby, Grand Lake, Durango, Pagosa Springs, Silverton,Telluride, Ouray, Delta, Gunnison, Lake City, Walden, Loveland. Rifle, Meeker, Rangely, Central City, Salida, Westcliffe, Canon City, Fairplay, Sheridan, Creede, Del Norte, Centennial, Littleton, Castle Rock, Parker, Kiowa. Broomfield, and all communities of The Foothills, The Eastern Plains and the Front Range, Trinidad, Walsenburg and Aguilar.