Quote:
Originally posted by Gemini
Scoreman said it... sueing Michigan won't happen. Alot of if not all states must pass a resolution or whatever thru the legislature to even ALLOW a lawsuit to move forward against said entity.
Asking for a publicized news article retracting the statement (after frankie looks it over BEFORE its published) and a personal apology is about the best he could get. IF he could get that. They *might* pay some hush money errr some cash to offset his losses form the business being down st their behest but that would be it.
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Exactly, if you are ever going to get beat up by cops, make sure it is county and not state cops.
states have immunity (11th ammendment) - counties don't.
The ONLY thing you can sue a state for is something they ALLOW you to do (for example - most states will ALLOW you to sue them for auto torts - a police car hits you - you can sue) or constitutional violations.
The only thing you could sue for is if they violated your constitutional rights - such as first ammendment.
Then you have to prove that the person doing so KNEW that it was unconstitutional when they did it.
This is not easy to prove. It is almost unheard of for a judge or prosecutor to get sued successfully.
The only case I remember for a judge - was a judge that had the guy that sold him a cup of coffee arrested and brought in front of him, cause he didn't like the taste.
For a prosecutor - it was a attorney who went ecpert shopping until he found someone who would lie on the stand to say a BOOT PRINT matched a DEFENDANT - based on the print only - which is obviously impossible.
I HOPE that he WOULD win in any suit against the state, but the chances are extremely unlikely.