If someone wanted to sue the state prosecutor, would the trial be in the same state?

Question

It would seem unlikely to me that any judge would go against their own state, that is like robbing your boss to give the money to someone else. Also, if you are attempting to sue the state prosecutor, legally are you trying to sue just that person or instead the state itself?

Answer 1

there are rules in each state for suing a state official. Most states have in their constitution that citizens of the state are allowed to sue state officials, and usually give the rules to do so.

Most of this depends on if you are suing them over doing something in their legal capacity. If you are suing them for, say, hitting you with their car, you wouldn't be suiing them in their official capacity anyway, you would be suing them.

Answer 2

It would have to be, because of jurisdictional requirements.

The only way around that would be if your state prosecutor actually lived in a different state. But even then, that would only apply if you were suing them personally, not in their official capacity.

However, also note that because of the 11th Amendment, you cannot sue a state official in their official capacity in federal court, unless the state consents, or unless no monetary damages are at issue.

Answer 3

Good luck. I'm pretty sure that unless you can show a pattern of whatever it is you want to sue for...He will have immunity from lawsuits, etc. I forget what it's called, probably protect the simple-minded gov't worker clause. lol

Answer 4

stae prosecutors don't deal with civil cases, only criminal. if a prosecutor was bing crimnaly charged he'd probably first be fired and any judge connected to him couldn't try the case