Thanks; that's why I put it out there for someone who knows more than me.
Honestly, the whole concept of sovereign and qualified immunity seems convoluted and contradictory to me. In the case cited above the feds said they don't have jurisdiction over a state agency under the 11th Amendment, but I know the feds have gone after police agencies and state election agencies through federal court
Its all a huge mess, because of contradictory rulings based off of different constitutional provisions, and various state or federal laws. For example, states and the federal government have sovereign immunity unless they allow themselves to be sued. The feds have the federal tort claims act for that purpose. In addition, takings can be compensated under the Takings Clause of the Fifth Amendment. States are similar. You can sue state agents individually under § 1983 and federal agents under the similar Bivens actions. But that refers to actions in their individual capacity. When you complain of official actions, then qualified and absolute immunity come into play.
The federal suits are probably based off of various parts of the civil rights act of 1964, which is in my opinion, a wildly unconstitutional law. But SCOTUS lacks the balls to throw it out (well maybe Thomas might).
Thanks; that's why I put it out there for someone who knows more than me.
Honestly, the whole concept of sovereign and qualified immunity seems convoluted and contradictory to me. In the case cited above the feds said they don't have jurisdiction over a state agency under the 11th Amendment, but I know the feds have gone after police agencies and state election agencies through federal court
Its all a huge mess, because of contradictory rulings based off of different constitutional provisions, and various state or federal laws. For example, states and the federal government have sovereign immunity unless they allow themselves to be sued. The feds have the federal tort claims act for that purpose. In addition, takings can be compensated under the Takings Clause of the Fifth Amendment. States are similar. You can sue state agents individually under § 1983 and federal agents under the similar Bivens actions. But that refers to actions in their individual capacity. When you complain of official actions, then qualified and absolute immunity come into play.
The federal suits are probably based off of various parts of the civil rights act of 1964, which is in my opinion, a wildly unconstitutional law. But SCOTUS lacks the balls to throw it out (well maybe Thomas might).