Perspectives

Civil Litigation

Suing the State: Very Early Notice Required to Preserve Claim

Historically, it was the law that no one could sue the King or his men. This ancient principle evolved to a rule where state governments—including counties, cities, and state employees acting in their official capacity—had immunity from lawsuits. Over time, this absolute protection has decayed. However, the doctrine of government immunity still survives in a number of ways. For example, judges cannot be sued for acting in their judicial capacity.