Fresno, CA asked in Civil Rights for California

Q: USING 1ST AMENDMENT AND BEING BARRED FROM THE 11TH AMENDMENT IN A FED. SUIT WHAT OTHER CODE CAN YOU USE AGAINST THEM?

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1 Lawyer Answer
Ramona Rae Hallam
Ramona Rae Hallam
Answered
  • Criminal Law Lawyer
  • Encinitas, CA
  • Licensed in California

A: This question is so vague it cannot be answered well. The 1st amendment to the Constitution prohibits any law "respecting an establishment of religion", infringing on freedom of the press, impeding the free exercise of religion, infringing on freedom of speech, interfering with the right to peaceably assembly, or prohibiting petitioning the courts for a governmental redress of grievances.

The 11th deals with each state's sovereign immunity from being sued in federal court by someone of another state or country. This amendment was adopted in response to, and in order to overrule, the U.S. Supreme Court's decision in Chisholm v. Georgia, 2 U.S. 419 (1793). How these two fit together in your lawsuit is hard to tell. One can only guess.

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