Legal Question in Civil Litigation in California
Suing Government Entities
If a claim for damages is filed with a county board for a tort, and there may be a civil rights violation as well, must another claim for damages be filed?
And if the suit may be brought against an employee rather than the agency, must a claim for damages be filed, or would an intent to sue letter suffice?
3 Answers from Attorneys
Re: Suing Government Entities
They should all be filed in the same claim, including the individual.
Re: Suing Government Entities
Without a properly made Claim, no suit can be brought. All bases of your action must be brought in the Claim. You can amend or supplement what you already filed, if you are still timely.
Re: Suing Government Entities
You have to present a Claim naming the public entity and the employees, using the proper form and being VERY CAREFUL what is said, in nearly all circumstances this must be done within six months of the date of loss. A federal civil rights lawsuit, standing alone, does not require a claim, but most such lawsuits include causes of action that do require claim presentation and you would be well advised to present a claim as an added precaution. You are STRONGLY ADVISED not to attempt to do any of this without a lawyer who is familiar with public entity tort litigation and civil rights law. I am not aware that there is such a thing as an "intent to sue" letter. There is a "right to sue" letter that is used in some employment discrimination cases. You should not be writing letters to the county or to other prospective defendants, as you would only be giving them evidence to use against you.