Can I sue a state or state actor in federal court if I filed the action in state court but was then removed?

Question

I sued: 1) my former employer, 2) the state of new york and 3) individuals who were acting on behalf of the state. My employer said I had raised some Constitutional issues. My employer made a "notice of removal" and had the case moved from New York State Court to Federal Court (US District Court). I have multiple causes of action including a Section 1983 action, breach of contract, tortious interference and I am asking for specific performance of my contract. The 11th ammedment bars suits brought against the state or state actors in Federal Court, unless the state gives its consent. Therefore, my question is this, if one of the defendents (not the state defendents) makes a "notice of removal" into federal court, then have the state defendents also de facto agreed to having the case heard in federal court?

Answer 1

New York has consented to bringing these types of claims in federal court. Of course, they will raise state immunity priviledges, which are applicable in state and federal court. Defendant was correct in removing the action to district court as you have brought a Section 1983 claim. Your claims will be heard, even your state-law related claims in federal court as the court will have supplemental jurisdiction over them. I hope you have an attorney, because you are going to have a difficult time proving your case (and you have the burden) against an attorney if you are pro se. Good luck.

Answer 2

Does the courtroom order surely state EIC? which would be maximum unique, as that's a credit that relies upon upon many factors or perhaps in the experience that your toddler lived with him there is no assure that he could qualify for it. i've got faith the divorce decree states that your ex gets the exemption, and whether it does your ex nevertheless could have a signed 8332 from you. That style no longer in basic terms releases the exemption to him, it additionally indicators the IRS to the reality that somebody else has actual custody and that the guy with the exemption isn't legally allowed the EIC. you may declare the EIC, in case you're eligible, via claiming your toddler as a qualifying non-based and your ex can take you to courtroom if he needs, yet he can shop an excellent form of money via asking an experienced tax preparer, Enrolled Agent or CPA who surely works in taxes. i'm specific somebody can clarify it to him.

Answer 3

yes and no. The Federal judge will rule on whether the parties are subject to jurisdiction to their court. Federal law does not prohibit suing the state in which you live. Permission is not needed to sue if you are suing on any grounds that they violated federal law...only if they violated state law.